Uganda Case Law

Mbarara University of Science & Technology v Block Technical Services Limited

Mbarara University of Science & Technology v Block Technical Services Limited (Miscellaneous Application 397 of 2022) [2023] UGHC 273 (10 May 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 397 of 2022

Judge

Joyce Kavuma, J

The court found that the contract's dispute resolution mechanism requires disputes to first be referred to an adjudicator, and only after an adjudicator's decision may arbitration be pursued. The contract does not contain a clear, direct arbitration clause for the present dispute, which concerns breach of contract rather than a project manager's decision. The relevant clauses (GCC 33.1-34.4 and SCC) do not provide for immediate arbitration, and the court cannot enforce a vague or defective arbitration clause. Therefore, the application to refer the dispute to arbitration was dismissed. Howeve…

Source excerpt

• Arbitration Agreement Validity
• Contractual Dispute Resolution
• Preliminary Objection
• Adjudicator Role

Roko Constructions Ltd Vs Mohammed Mohammedi

Roko Constructions Ltd Vs Mohammed Mohammedi (Civil Appeal No.0051 of 2011) [2015] UGCA 180 (13 July 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No.0051 of 2011

The Court of Appeal reinstated an arbitral award, holding the contract and arbitration clause binding and the challenge to jurisdiction and setting aside time-barred.

• Arbitration Agreement Validity
• Enforcement Of Arbitral Awards
• Time Limits For Setting Aside Award
• Jurisdiction Of Arbitral Tribunal
• Right Of Appeal
• Contract Execution

Emily Susanne Dyk Wissanja v Zahid Asafali Wissanja (HCT-00-FD-MC-0008-2009) (HCT-00-FD-MC-0008-2009)

Emily Susanne Dyk Wissanja v Zahid Asafali Wissanja (HCT-00-FD-MC-0008-2009) (HCT-00-FD-MC-0008-2009) [2009] UGHC 34 (23 July 2009)

Court

High Court of Uganda

Case number

HCT-00-FD-MC-0008-2009

The High Court held that divorce cannot be referred to arbitration and dismissed the application to register the arbitrator’s award.

• Divorce Jurisdiction
• Arbitration Agreement Validity
• Public Policy In Family Law
• Alternative Dispute Resolution In Family Matters
• Divorce-jurisdiction
• Arbitration-agreement-validity