Ensinikweri v Reed International Inc (Civil Miscellaneous Application No. 78 of 2021) [2021] UGIC 31 (2 June 2021)

# **THE REPUBLIC OF UGANDA IN THE INDUSTRIAL COURT OF UGANDA AT KAMPALA MISC. APPLN. NO. 078 OF 2021 (ARISING FROM LDR No. 064 OF 2021)**

# **BETWEEN**

**ENSINIKWERI DENIS……………………………………….……………………….……….. APPLICANT**

# **AND**

**REED INTERNATIONAL INC...………………………………………………....……. RESPONDENT**

#### **BEFORE**

- 1. Hon. Chief Judge Ruhinda Ntengye Asaph - 2. Hon. Judge Linda Lillian Tumusiime Mugisha

#### **PANELISTS**

- 1. Mr. Ebyau Fidel - 2. Ms. Harriet Mugambwa Nganzi - 3. Mr. F. X. Mubuuke

## **RULING**

On perusal of the file, we find that the reference of the Labour Officer was in the right names of Reed International Inc.

The Registrar of the court issued a notice of claim in the names of Reed International Insurance after the claimant had filed a Memorandum of Claim in the same wrong names. It was therefore not the fault of the court to issue the notice of claim in the same names. It was entirely the fault of the Claimant/Applicant. We agree with the Respondent that after withdrawal of the original suit, costs cannot be in the cause since the cause is already withdrawn.

However given that the Applicant by withdrawing both application and main suit has saved courts time, he shall pay ½ the taxed costs of this application.

## **DELIVERED & SIGNED BY:**

1. Hon. Chief Judge Ruhinda Asaph Ntengye ……………. 2. Hon. Lady Justice Linda Lillian Tumusiime Mugisha…………….

## **PANELISTS**

1. Mr. Ebyau Fidel …………………………. 2. Ms. Harriet Mugambwa Nganzi …………………………. 3. Mr. F. X. Mubuuke ………………………….

Dated: 02/6/2021