Uganda Case Law

Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates

Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates (Miscellaneous Application 1314 of 2024) [2025] UGCommC 30 (27 February 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1314 of 2024

Judge

Mutesi, J

The Court found that Clause 7 of the Agreement provides for both arbitration and court litigation as dispute resolution mechanisms, but the proper interpretation, guided by principles of contract interpretation and commercial sense, is that arbitration takes precedence unless the arbitration agreement is null and void, inoperative, or incapable of being performed. There was no evidence that the arbitration agreement was unenforceable. The Court held that party autonomy in arbitration must be respected and that the dispute in Civil Suit No. 0544 of 2020 falls within the scope of the arbitratio…

Source excerpt

• Arbitration Agreement Enforceability
• Contractual Dispute Resolution Clauses
• Party Autonomy In Arbitration
• Stay Of Court Proceedings

Electro-Maxx (U) Limited v Prime Fuels Kenya Limited

Electro-Maxx (U) Limited v Prime Fuels Kenya Limited (Miscellaneous Application 1860 of 2022) [2024] UGCommC 163 (4 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1860 of 2022

Judge

Ocaya, J

The High Court stayed a commercial suit and referred it to arbitration, holding that the contractual dispute was arbitrable and the arbitration clause enforceable.

• Arbitration Agreement Enforceability
• Stay Of Proceedings
• Cause Of Action Requirements
• Contractual Disputes
• Jurisdictional Objections
• Frivolous And Vexatious Claims

Dr. Kaijamurubi v Jeremy

Dr. Kaijamurubi v Jeremy (Civil Suit 48 of 3021) [2023] UGHCCD 219 (8 June 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 48 of 3021

Judge

Wagona, J

The High Court held that the lease dispute was subject to a binding arbitration clause, referred the parties to arbitration, and dismissed the suit with costs to follow the arbitration outcome.

• Arbitration Agreement Enforceability
• Stay Of Proceedings
• Jurisdiction Of Court In Arbitration
• Breach Of Lease
• Remedies For Breach
• Arbitration