Uganda Case Law

Makindye Sabagabo Municipal Council v Busenvi Enterprises Limited

Makindye Sabagabo Municipal Council v Busenvi Enterprises Limited (Miscellaneous Application 475 of 2022) [2025] UGHCCD 99 (16 July 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 475 of 2022

Judge

Bonny Isaac Teko, J

The court found that the Special Conditions of the Contract expressly excluded arbitration as a dispute resolution mechanism, providing instead for amicable settlement followed by recourse to the courts if necessary. The SCC superseded the General Conditions, rendering the arbitration clause inoperative and incapable of being performed. Both parties, by participating in mediation and entering a consent judgment, had submitted to the court's jurisdiction and were estopped from invoking the arbitration clause. The court held that the chain to arbitration was broken and that it retained jurisdic…

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• Arbitration Agreements
• Jurisdiction Of Courts
• Contractual Dispute Resolution
• Consent Judgments

Huvaz Investment Ltd and Others v Equity Bank Ltd

Huvaz Investment Ltd and Others v Equity Bank Ltd (Miscellaneous Application 159 of 2023) [2024] UGHC 955 (11 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 159 of 2023

Judge

Allan Nshimye, J

The court found that the Eazzystock Financing Loan Form & Contract, signed by both the 1st applicant and the respondent, contains a valid and binding arbitration clause (clause 11) that refers disputes to arbitration in Kenya under Kenyan law. The court held that Section 9 of the Arbitration and Conciliation Act expressly ousts its jurisdiction in matters governed by such an arbitration agreement. The existence of related documents conferring Ugandan jurisdiction does not override the primary loan agreement, which is determinative of the dispute. The court further held that the arbitration ag…

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• Arbitration Agreements
• Stay Of Proceedings
• Contractual Jurisdiction Clauses
• Banking Loans

Shimizu-Konoike Joint Venture v Abubaker Technical Services & General Supplies Limited

Shimizu-Konoike Joint Venture v Abubaker Technical Services & General Supplies Limited (Miscellaneous Application 436 of 2024) [2024] UGCommC 223 (4 July 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 436 of 2024

Judge

Tumusiime Rubagumya, J

The High Court held that a valid arbitration clause governed the subcontract disputes and dismissed the suit, referring all disputes to ICC arbitration.

• Arbitration Agreements
• Contractual Disputes
• Performance Guarantees
• Advance Payment Guarantees
• Stay Of Proceedings
• Arbitration-agreements

Weldetinsae v Bekunda & Another

Weldetinsae v Bekunda & Another (Miscellaneous Cause 9 of 2024) [2024] UGCommC 134 (15 May 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 9 of 2024

Judge

Tumusiime Rubagumya, J

The High Court granted an interim injunction preserving a leased property pending arbitration, finding a serious dispute, irreparable harm, and balance of convenience in the applicant's favor.

• Arbitration Agreements
• Interim Injunctions
• Lease Disputes
• Specific Performance
• Compensation For Premature Termination
• Arbitration

Balagi Group (E.A) Limited v Housing Finance Bank

Balagi Group (E.A) Limited v Housing Finance Bank (Miscellaneous Application 1018 of 2022) [2024] UGCommC 95 (30 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1018 of 2022

Judge

Mutesi, J

The High Court referred a land-sale dispute to arbitration, finding a valid arbitration clause, no waiver of arbitration, and stayed the related suit.

• Arbitration Agreements
• Contractual Disputes
• Stay Of Proceedings
• Waiver Of Arbitration Rights
• Arbitration-agreement
• Stay-of-proceedings

Omer Farming Company Limited v Rehoboth Agricultural Management Services Limited

Omer Farming Company Limited v Rehoboth Agricultural Management Services Limited (Miscellaneous Application 1869 of 2022) [2024] UGHC 254 (30 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 1869 of 2022

Judge

Harriet Grace Magala, J

The High Court struck out a commercial suit for lis pendens and abuse of process, finding it duplicated issues already before the Court of Appeal and did not yet qualify for arbitration referral.

• Arbitration Agreements
• Abuse Of Process
• Lis Pendens
• Breach Of Contract
• Arbitration-agreements
• Lis-pendens

Mark Africa (U) Limited v Westwinds Trading

Mark Africa (U) Limited v Westwinds Trading (Miscellaneous Application 600 of 2023) [2024] UGCommC 97 (30 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 600 of 2023

Judge

Mutesi, J

The High Court partly referred a contract dispute to arbitration, staying the suit while leaving fraud claims involving non-signatory defendants before the court.

• Arbitration Agreements
• Breach Of Contract
• Stay Of Proceedings
• Joinder Of Parties
• Arbitration-agreements
• Stay-of-proceedings

Omony v Aol & Others

Omony v Aol & Others (Miscellaneous Cause 1 of 2024) [2024] UGHC 83 (6 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 1 of 2024

Judge

Phillip Odoki, J

The High Court at Gulu dismissed an application for interim protection over estate land pending arbitration, finding the applicant had not shown irreparable harm or a clear enforceable interest.

• Interim Injunctions
• Arbitration Agreements
• Trusts And Estates
• Land Disputes
• Injunctive Relief
• Enforcement Of Arbitral Awards

Afri-Power Engineering Company Limited v Roko Construction Limited

Afri-Power Engineering Company Limited v Roko Construction Limited (Civil Suit 216 of 2022) [2024] UGCommC 169 (14 February 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 216 of 2022

Judge

Ocaya, J

The High Court held that the arbitration clause was too vague and not clearly incorporated, so the preliminary objection failed and the suit will proceed to trial.

• Arbitration Agreements
• Preliminary Objection
• Contractual Disputes
• Jurisdiction
• Incorporation Of Terms
• Privity Of Contract

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others (Miscellaneous Cause 127 of 2023) [2024] UGCommC 275 (31 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 127 of 2023

Judge

Anna B. Mugenyi, J

The court dismissed an application for interim protection over a performance guarantee, holding the guarantee had been cancelled and the requested relief was overtaken by events.

• Arbitration Agreements
• Performance Guarantees
• Interim Measures
• Construction Contracts
• Contractual Breach
• Arbitration