This matter arose from Labour Dispute Reference No. 024 of 2015, in which an award had been delivered by the Industrial Court. Torres Advanced Enterprises Solutions LLC applied for stay of execution of the award pending appeal.
The applicant argued that the intended appeal raised serious questions of law, including the Court’s interpretation of “continuous service” in relation to the evidence presented. The applicant also argued that execution before determination of the appeal would prejudice its right of appeal and could cause substantial loss.
The Industrial Court considered the principles governing stay of execution, including whether the appeal raised matters deserving further judicial consideration, whether substantial loss could arise, whether the application had been brought without unreasonable delay, and whether security for due performance should be provided.
The Court found that the issue concerning interpretation of “continuous service” merited further judicial consideration and could form a viable ground of appeal. The application for stay of execution was therefore allowed on condition that the applicant deposits in Court UGX 400,000,000 in cash or a bank guarantee of the same amount, valid until disposal of the appeal.
The case is relevant to civil litigation, labour-related disputes, stay of execution, appeals, security for due performance, and preservation of appellate rights.
Role / Representation
Kashillingi, Rubaga & Associates represented the applicant, Torres Advanced Enterprises Solutions LLC, through Mr. Anthony Wabwire.