Uganda Case Law

Geses Uganda Limited v Rubabo Peoples Cooperative Savings & Credit Society

Geses Uganda Limited v Rubabo Peoples Cooperative Savings & Credit Society (Miscellaneous Application 39 of 2022) [2023] UGHC 440 (7 September 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 39 of 2022

Judge

Tom Chemutai, J

The court found that the applicant was properly represented during the arbitral proceedings and was present through its managing director, who gave evidence and was cross-examined. The court held that the applicant was aware of the arbitral award and participated in post-award settlement discussions, thus the application to set aside was out of time. However, in the interest of justice, the court considered the merits and found no basis to set aside the award for lack of fair hearing or excess of jurisdiction. The award of UGX 182,544,403 was supported by evidence of payments made. The award…

Source excerpt

• Arbitration Award Setting Aside
• Extension Of Time
• Construction Contract Disputes
• Interest Awards
• General Damages
• Procedural Fairness

Blue Pearls Company Limited v Britam Insurance Company Limited

Blue Pearls Company Limited v Britam Insurance Company Limited (Miscellaneous Cause 93 of 2021) [2022] UGCommC 181 (19 November 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 93 of 2021

Judge

Anna B. Mugenyi, J

The High Court set aside an arbitral award because it relied on unsigned insurance policies that were unenforceable under Ugandan contract law and contrary to public policy.

• Arbitration Award Setting Aside
• Public Policy
• Contract Formalities
• Insurance Contracts
• Arbitration-award-setting-aside
• Public-policy

Babcon Uganda Limited v Mbale Resort Hotel Limited

Babcon Uganda Limited v Mbale Resort Hotel Limited (Civil Appeal 6 of 2016) [2017] UGSC 83 (4 May 2017)

Court

Supreme Court of Uganda

Case number

Civil Appeal 6 of 2016

Judge

Katureebe, CJ, Arach-Amoko, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Mwondha, JSC

The Supreme Court held that the High Court, when hearing an application under Section 34(1) of the Arbitration and Conciliation Act to set aside an arbitral award, does not exercise original jurisdiction as contemplated by Section 6(1) of the Judicature Act. Instead, it exercises 'other jurisdiction' conferred by statute. As such, there is no automatic right of appeal to the Supreme Court from a decision of the High Court under Section 34 of the ACA. The specific provisions of the ACA govern the proceedings, and the general right of appeal under the Civil Procedure Act does not apply where a…

Source excerpt

• Arbitration Award Setting Aside
• Jurisdiction Of High Court
• Right Of Appeal
• Interpretation Of Statutes

Bacon Uganda Ltd Vs Mbale Resort Hotel Ltd

Bacon Uganda Ltd Vs Mbale Resort Hotel Ltd (Civil Appeal No. 87 of 2011) [2015] UGCA 57 (23 June 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 87 of 2011

The Court of Appeal held that section 9 of the Arbitration and Conciliation Act expressly ousts the jurisdiction of courts to intervene in matters governed by the Act except as specifically provided. Section 34 only allows the High Court to set aside or dismiss an arbitral award; it does not confer power to vary the award. The right of appeal to the Court of Appeal exists only under section 38, where parties have agreed and the matter concerns a question of law. Since the application before the High Court was brought under section 34, and not section 38, no appeal lies to the Court of Appeal.…

Source excerpt

• Arbitration Award Setting Aside
• Court Jurisdiction Under Arbitration Act
• Finality Of Arbitral Awards
• Variation Of Arbitral Award
• Appeal Rights Under Arbitration Act