Tumushabe v Torres Advanced Enterprises (Labour Dispute Miscellaneous Application 157 of 2021) [2022] UGIC 88 (2 December 2022)

Full Case Text

# **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**

1 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**

**1 MR. FX MUBUUKE**

**2. MS. HARRIET MUGAMBWA NGANZI**

**45 3. MR. EBYAU FIDEL**

**DATE: 2/12/2022**

**2**