[2022] UGIC 88
The judge determined that her prior participation in mediation discussions that led to the resolution of the dispute between the parties could create a perception of partiality if she were to preside over the current application. In accordance with constitutional and ethical requirements for judicial impartiality,...
Source-derived case information.
- Citation
- [2022] UGIC 88
- Parties
- Applicant: Tumushabe Ale; Respondent: Torres Advanced Enterprises
- Court
- Industrial Court of Uganda
- Jurisdiction
- Uganda
- Case Number
- Labour Dispute Miscellaneous Application 157 of 2021
- Procedural Posture
- Miscellaneous Application / Ruling on Recusal
- Outcome
- Judge recused herself from the proceedings.
- Judges
- Tumusiime-Mugisha, J, Mubuuke, Panel Member, Mugambwa, Panel Member, Ebyau, Panel Member
- Legal Topics
- Judicial Recusal, Impartiality of Tribunal, Mediation Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tumushabe Ale
Applicant
Torres Advanced Enterprises
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Recusal
Legal Issues
- 1 Whether the presiding judge should recuse herself from hearing the application due to prior involvement in mediation discussions between the parties.
Ratio Decidendi
The judge determined that her prior participation in mediation discussions that led to the resolution of the dispute between the parties could create a perception of partiality if she were to preside over the current application. In accordance with constitutional and ethical requirements for judicial impartiality, and the mandatory recusal provisions in the Code of Conduct and Practice Directions, she found it necessary to recuse herself from the proceedings to uphold the integrity of the judicial process and ensure a fair hearing.
Court Disposition
Judge recused herself from the proceedings.
Orders
- The presiding judge refrains from participating in the proceedings and notifies the parties accordingly.
Full Case Text
Judgment text and source record
29 paragraphs
# **THE REPUBLIC OF UGANDA**
# **IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA**
# LABOUR DISPUTE MISC. APPN. No.157 OF 2021
ARISING FROM LABOUR DISPUTE REFERENCE NO 281/2019
TUMUSHABE ALE^ APPLICANT
io VERSUS
TORRES ADVANCED ENTERPRISES RESPONDENT
### BEFORE:
**5**
**. THE HON. AG. HEAD JUDGE, LINDA LILLIAN TUMUSIIME MUGISHA O PANELISTS**
<sup>1</sup> MR. FX MUBUUKE
#### 2. MS. HARRIET MUGAMBWA NGANZI
#### 3. MR. EBYAU FIDEL
#### RULING ON RECUSAL
**20** The Labour Dispute Reference No. 281 of 2019 form which this application arises, was mediated by a court annexed mediator. It was later brought to His Lordship Hon. Justice Asaph Ruhinda Ntengye the Head Judge Emeritus's Chambers for conclusion and I was invited to participate in the discussions and during the discussion it was established that, the parties had amicably resolved the matter between them, on 9/06/2019. In fact the 25 Applicant was paid Ugx. 1,500,000/=
One ofthe core principles underpinning the Administration ofJustice by a Judicial officer is the exercise of impartiality, (see *United Nations Bangalore Principles on Judicial*
**1**
*Conduct).* Article 28 ofthe Constitution provides for the fundamental right of every citizen of Uganda to be accorded a fair and public hearing by an independent and impartial tribunal.
Principal 2.1 ofthe Code of conduct for Judicial officers, provides for mandatory recusal where a judicial officer has personal knowledge of the disputed facts concerning the proceedings.
**35** Accordingly, of my own motion and volition and in conformity with the provisions of **paragraph 6(1) of The Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019,** having participated in the discussions that concluded the mediation between the parties, I may create a perception of partiality if I presided over this application. In the circumstances, I hereby refrain from participating in these proceedings. In keeping with paragraph 3(a) ofthe Directions, the parties are hereby notified.
**40** Delivered and signed by:
#### **THE HON. AG. HEAD JUDGE, LINDA LILLIAN TUMUSIIME MUGISHA .**
#### **PANELISTS**
**30**
**<sup>1</sup> MR. FX MUBUUKE**
**2. MS. HARRIET MUGAMBWA NGANZI**
**<sup>45</sup> 3. MR. EBYAU FIDEL**
**DATE: 2/12/2022**
**2**