Uganda Case Law

BM Steel Ltd v Kilembe Mines Ltd Ruling 3 (HCT-CC-00-MA 579 of 2005)

BM Steel Ltd v Kilembe Mines Ltd Ruling 3 (HCT-CC-00-MA 579 of 2005) [2005] UGCommC 48 (31 August 2005)

Court

Commercial Court of Uganda

Case number

HCT-CC-00-MA 579 of 2005

The court held that an order setting aside an arbitral award is not appealable as of right or with leave of court under the Civil Procedure Act or its Rules. Section 68 provides a general right of appeal, but Section 77 specifically restricts appeals to certain orders, which do not include orders setting aside arbitral awards. The Arbitration and Conciliation Act governs such orders, and neither the Civil Procedure Act nor its Rules provide for appeals from them. Precedent from B. D. Bilmoria & Another v T. D. Bilmoria and Rene Dol v The Official Receiver of Uganda confirms that appeals are o…

Source excerpt

• Appeals From Orders
• Arbitration Awards
• Leave To Appeal
• Civil Procedure Act Interpretation

Bros v Bogha

Bros v Bogha (Civil Appeal No. 11/1935.) [1935] EACA 98 (1 January 1935)

Court

East African Court of Appeal

Case number

Civil Appeal No. 11/1935.

Judge

Hall, C.J. (Uganda), Lucie-Smith Ag CJ (Kenya), Sheridan CJ

The court held that proceedings under section 147 of the Registration of Titles Ordinance were not a “suit,” so the appeal from the order lay only with leave.

• Appeals From Orders
• Definition Of Suit
• Registration Of Titles
• Leave To Appeal
• Appeals-from-orders
• Definition-of-suit

Noronha v Siqueira and Others (CA. 13/1931.)

Noronha v Siqueira and Others (CA. 13/1931.) [1931] EACA 2 (1 January 1931)

Court

East African Court of Appeal

Case number

CA. 13/1931.

Judge

Griffin CJ, Lucie-Smith, J. (Kenya), Thomas, J. (Kenya)

The Court of Appeal held that a judge had discretion to defer sale in execution where the property’s trust status was already being litigated, and that the discretion was exercised judicially.

• Execution Of Decrees
• Judicial Discretion
• Stay Of Execution
• Trust Property
• Appeals From Orders
• Civil-procedure