Rentco Africa Limited v Tondeka Metro Company Limited (Miscellaneous Application 588 of 2024) [2024] UGCommC 98 (22 April 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 588 of 2024
Judge
Harriet Grace Magala, J
The High Court found Rentco Africa Ltd. in contempt after repossessing buses during interim orders, and held the arbitration clause survived termination.
KPI Health Care Limited v Unipharma Limited & Another (Miscellaneous Application 1328 of 2022) [2023] UGCommC 229 (21 February 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1328 of 2022
Judge
Anna B. Mugenyi, J
The High Court of Uganda referred a contract dispute to arbitration because the parties had a clear arbitration clause and their pleadings showed a live dispute.
LAMAC General Services (U) Ltd & Ors v Pegasus Technologies Ltd (Miscellaneous Application No. 1285 of 2021) [2022] UGCommC 31 (2 June 2022)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 1285 of 2021
Judge
Rwakakooko, J
The court found that all Applicants, as defendants in the main suit, have locus standi to seek a stay and referral to arbitration under Section 5 of the Arbitration and Conciliation Act. The absence of a company resolution authorizing the 2nd Applicant to swear an affidavit on behalf of the 1st Applicant was a procedural defect, but did not render the application fatally defective, as the affidavit remained credible for the 2nd Applicant. The arbitration clause in the contract was found to be operative and enforceable, with the mechanism for appointment of an arbitrator clearly set out. The R…
Vantage Mezzanine Fund II Partnership v Simba Properties Investments Co. Limited and Another (HC Miscellaneous Application No. 201 of 2020) [2021] UGCommC 23 (16 June 2021)
Court
Commercial Court of Uganda
Case number
HC Miscellaneous Application No. 201 of 2020
Judge
Boniface Wamala, J
The court found that the Mezzanine Term Facility Agreement contained a valid, binding, and enforceable arbitration clause. The respondents' allegations of duress and undue influence were unsupported by evidence, and the parties were sophisticated and independently advised. The Arbitration and Conciliation Act provides that the court's jurisdiction is limited to determining the existence and validity of the arbitration agreement; once established, all other matters, including challenges to the main contract, fall within the arbitral tribunal's jurisdiction. The court's intervention is expressl…
Sanlam General Insurance (U) Ltd v Victoria Motors Ltd & Anor (Miscellaneous Application No. 41 of 2016) [2016] UGCommC 21 (14 March 2016)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 41 of 2016
The High Court held that the insurance dispute concerned the amount payable under the policy and fell within a mandatory arbitration clause, so the matter was referred to arbitration.
Swabir Mukungu v Kobil Uganda Ltd (Miscellaneous Cause No. 41 of 2015) [2015] UGCommC 199 (22 September 2015)
Court
Commercial Court of Uganda
Case number
Miscellaneous Cause No. 41 of 2015
The High Court granted a conditional interim order preserving the applicant’s rights under a licence agreement pending arbitration over alleged unauthorized modifications.