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3 Oct 2024

Civil Procedure [2024] UGHC 901

Elgonia One Cafe International Limited & 3 Others v Stanbic Bank Uganda Limited & Another

Elgonia One Cafe International Limited & 3 Others v Stanbic Bank Uganda Limited & Another (Miscellaneous Application 259 of 2020) [2024] UGHC 901 (3 October 2024)

Court: High Court of Uganda
Case number: Miscellaneous Application 259 of 2020
Judge: Apiny, J

The court found that although the arbitral award was delivered approximately 15 days beyond the statutory two-month period, the applicants participated in the proceedings, failed to object to the delay, and thus waived their right to challenge the award on that ground under section 4 of the Arbitration and Conciliation Act. The court further held that the arbitrator did not exceed the scope of reference, as the Field Warehouse and Storage Agreement and the Agricultural Loan Facility Agreement were inextricably linked, and the disputes arising from both were properly arbitrated. The 2nd, 3rd,…

Source excerpt

Arbitral Award Setting Aside
Arbitration Agreement Scope
Joinder Of Parties
Waiver Of Objection
Privity Of Contract
Group Of Companies Doctrine

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30 Oct 2023

Commercial And Corporate [2023] UGCommC 195

Rocktrust Contractors (U) Limited v DFCU Bank Limited

Rocktrust Contractors (U) Limited v DFCU Bank Limited (Miscellaneous Application 1033 of 2023) [2023] UGCommC 195 (30 October 2023)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 1033 of 2023
Judge: Mutesi, J

The Court found that arbitration between the parties had already commenced pursuant to the Deed of Assignment, and the arbitrator is empowered to determine the scope of the arbitration agreement under the kompetenz-kompetenz doctrine. The consolidated suits are stayed pending the outcome of arbitration, as residual issues may remain for court determination depending on the arbitrator's findings. The applicant demonstrated a serious question for arbitration and risk of irreparable injury if interim protection was not granted, justifying a temporary injunction to preserve the status quo. The cl…