[2016] UGIC 5
The court found that the respondent had failed to take any steps to prosecute the claim since its transfer to the Industrial Court and had not filed an affidavit in reply to the application for dismissal, despite being given an opportunity. The respondent and counsel were absent on the scheduled hearing dates, and...
Source-derived case information.
- Citation
- [2016] UGIC 5
- Parties
- Applicant: Stanbick Bank; Respondent: Ntalo Mohammed
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Application No. 51 of 2016
- Procedural Posture
- Labour Dispute Application / Application for Dismissal for Non Prosecution
- Outcome
- application granted; claim dismissed for lack of prosecution with costs to the applicant
- Legal Topics
- Dismissal for Non Prosecution, Labour Dispute Transfer, Failure to Prosecute, Costs Award
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stanbick Bank
Applicant
Ntalo Mohammed
Respondent
Procedural Posture
Labour Dispute Application / Application for Dismissal for Non Prosecution
Legal Issues
- 1 Whether the labour dispute claim should be dismissed for non-prosecution.
- 2 Whether the respondent demonstrated loss of interest in prosecuting the claim.
Ratio Decidendi
The court found that the respondent had failed to take any steps to prosecute the claim since its transfer to the Industrial Court and had not filed an affidavit in reply to the application for dismissal, despite being given an opportunity. The respondent and counsel were absent on the scheduled hearing dates, and the court concluded that this conduct demonstrated a loss of interest in the claim. The court emphasized the need for expeditious resolution of labour disputes and held that the continued inaction by the respondent justified dismissal of the claim for want of prosecution. The application was granted and the claim dismissed with costs to the applicant.
Court Disposition
application granted; claim dismissed for lack of prosecution with costs to the applicant
Orders
- Labour dispute claim 176/2014 is dismissed for lack of prosecution.
- Costs awarded to the applicant.
Full Case Text
Judgment text and source record
27 paragraphs
**THE REPUBLIC OF UGANDA**
**THE INDUSTRIAL COURT OF UGANDA HOLDEN AT KAMPALA**
**LABOUR DISPUTE APPLICATION 51/2016**
**(from original labour dispute176/2014)**
**(from original civil suit 135/2013)**
**STANBICK BANK....................................................................... APPLICANT**
**VERSUS**
**NTALO MOHAMMED................................................................ RESPONDENT**
RULING
This application seeks an order of this court to dismiss labour dispute claim 176/2014 for non prosecution.
Briefly the facts are that civil suit 135/2013 was filed in the civil division of the High Court on 17/05/2013 and a defense was filed on 06/06/2013.
The file was eventually transferd to this court and registered as Labour Dispute Claim 176/2014. since the transfer the claimant has never persued the matter.
Counsel for the applicant contended that disputes in this court should be expeditiously handled and that since no step has ever been taken with a view to prosecute the claim it should be dismissed for lack of prosecution.
The record reveals that both parties were represented in Court on 25/07/2016 when Ms Nasiima for the respondent sought an adjournment to enable her to file an affidavit in reply which adjournment was allowed to 25/07/2016.
On this date counsel for the respondent did not appear and neither had she filed any affidavit in reply. This court was, fortunately for counsel, not properly constituted and the matter was adjourned to 08/08/2016.
Again counsel for the respondent did not appear and neither did her client. Since the respondent had on his own volition locked himself outside the court proceedings on 25/07/2016, this court allowed the applicant to proceed exparte.
We agree with counsel that Labour disputes ought to be expeditiously resolved and in our view the fact that the respondent has never made any step towards prosecuting his case implies that he has lost interest in the case.
The fact that the respondent failed to file an affidavit in reply to this application even after being given an opportunity to do so, in our view, further demonstrates loss of interest in the claim before this Court.
We accordingly grant the application. Labour dispute claim 176/2014 stands dismissed for lack of prosecution with costs to the applicant.
SIGNED
1. Hon. Justice Ruhinda Asaph Ntengye Chief Judge......................................................................................
2. Lady Justice Linda Lillian Mugisha Tumusiime............................................................................................
PANNELLISTS
1. Mr. Ebyau Fidel.................................................................................................................
2. Mr. Anthony Wanyama......................................................................................................
3. Mr. Michael Matovu............................................................................................................
Dated the **12th** day of **August** 2016