[2016] UGIC 4
The court found that the respondent had failed to take any steps to prosecute the claim since its filing in January 2011, and had not appeared or shown interest in pursuing the matter after its transfer to the Industrial Court. The prolonged inactivity indicated a loss of interest by the respondent. The court held...
Source-derived case information.
- Citation
- [2016] UGIC 4
- Parties
- Applicant: Post Bank (U) Ltd; Respondent: Lyamulemye
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Application No. 42 of 2016
- Procedural Posture
- Labour Dispute Application / Ruling on Application for Dismissal for Non Prosecution
- Outcome
- application allowed; claim dismissed for non-prosecution with costs to applicant
- Legal Topics
- Dismissal for Non Prosecution, Case Management, Delay in Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Post Bank (U) Ltd
Applicant
Lyamulemye
Respondent
Procedural Posture
Labour Dispute Application / Ruling on Application for Dismissal for Non Prosecution
Legal Issues
- 1 Whether Labour dispute claim 233/2014 should be dismissed for non-prosecution.
Ratio Decidendi
The court found that the respondent had failed to take any steps to prosecute the claim since its filing in January 2011, and had not appeared or shown interest in pursuing the matter after its transfer to the Industrial Court. The prolonged inactivity indicated a loss of interest by the respondent. The court held that allowing the claim to remain on the record would unnecessarily clog the court system. Therefore, the application for dismissal for non-prosecution was allowed, and the claim was dismissed with costs to the applicant.
Court Disposition
application allowed; claim dismissed for non-prosecution with costs to applicant
Orders
- Labour dispute 233/2014 is dismissed for non-prosecution.
- Costs are awarded to the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
**THE REPUBLIC OF UGANDA**
**THE INDUSTRIAL COURT OF UGANDA HOLDEN AT KAMPALA**
**LABOUR DISPUTE APPLICATION 42/2016**
**(original Labour dispute233/2014)**
**(original civil suit 008/2011)**
**POST BANK(U)LTD............................................................................................... APPLICANT**
**VERSUS**
**LYAMULEMYE................................................................................................. RESPONDENT**
**RULING**
This ruling arises out of the above mentioned application seeking a dismissal of Labour dispute claim 233/2014.
The brief facts of the application are that the respondent filed civil suit 008/2011 on 10/01/2011 and subsequently it was transferred to this court and registered as Labour dispute claim 233/2014.
The applicant filed this application on 13/05/2016. It was deponed by affidavit on record that on the five occasions that the matter was called in the Civil Division of the High Court the respondent appeared only once and ever since the file was transferred to this court neither counsel nor the respondent has ever taken any step necessary to prosecute the case.
After perusal of the file and listening to counsel for the applicant, we find that indeed this case has been in the court system since January 2011 without the respondent showing any eagerness to prosecute the same.
It is not farfetched therefore to conclude that the respondent has lost interest in the matter and that leaving it in the court system would only serve to clog it.
Accordingly we allow the application. Labour dispute 233/2014 stands dismissed for non prosecution with costs to the applicant.
SIGNED
1. Hon. Justice Ruhinda Asaph Nengye , Chief Judge.....................................................................................
2. Lady Justice Linda Lillian Mugisha Tumusiime............................................................................................
PANNELLISTS
1. Mr. Ebyau Fidel......................................................................................................................
2. Mr. Anthony Wanyama....................................................................................................
3. Mr. Michael Matovu.......................................................................................................
Dated the **09th** day of **August** 2016