Kampala Capital City Authority v Foster -A- Light Limited (Civil Suit 852 of 2014) [2024] UGCommC 67 (15 January 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 852 of 2014
Judge
Tumusiime Rubagumya, J
The High Court found Foster-A-Light Ltd breached a street-light contract with KCCA, held the arbitration clause was waived, and awarded damages, interest, and costs.
Democratic Governance Facility v Centre for Constitutional Governance & 2 Others (Civil Suit 953 of 2020) [2023] UGCommC 279 (28 August 2023)
Court
Commercial Court of Uganda
Case number
Civil Suit 953 of 2020
Judge
Anna B. Mugenyi, J
The court found that the Democratic Governance Facility possesses international legal personality, as established by treaty among sovereign states, and therefore has locus standi to sue in Uganda. The Royal Danish Embassy's involvement does not invalidate the suit and can be rectified by amendment. The arbitration clause in the partnership agreement is permissive, not mandatory, allowing the Plaintiff to seek judicial remedies without prior recourse to arbitration. The Plaintiff's capacity to contract and enforce rights under the partnership agreement is affirmed, and the plaint discloses a v…
Uganda Muslim Supreme Council v Justus Kyabahwa (Miscellaneous Application 928 of 2023) [2023] UGCommC 56 (7 August 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 928 of 2023
Judge
Harriet Grace Magala, J
The application for unconditional leave to appear and defend was dismissed because the applicant failed to raise any genuine triable issues. The court found that non-payment of stamp duty does not bar admission of the sale agreement, as the party may pay the duty and penalty. The arbitration clause in the agreement was defective and incapable of being performed, thus not a bar to the suit. The refund of the purchase price was clearly due to the respondent, as evidenced by the bank transfer, and the applicant did not provide contrary evidence. The interest rate of 12% per month was freely agre…
Lutalo v Ntanda and 11 Others (Miscellaneous Application 180 of 2022) [2023] UGHCCD 226 (24 July 2023)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 180 of 2022
Judge
Nakachwa, J
The High Court of Uganda set aside a default judgment and stayed execution after finding the applicant was not effectively served and the suit was premature under a mediation clause.
Busenvi Enterprise Limited v Makindye Ssabagabo Municipal Council (Civil Suit No. 400 of 2019) [2022] UGHCCD 93 (1 July 2022)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No. 400 of 2019
Judge
Nambayo, J
The High Court overruled a preliminary objection seeking referral of a contract dispute to arbitration, holding that a formal application and evidence were required.
Baraaza and Others v FINCA (U) Ltd (MDI) (Miscellaneous Application No. 60 of 2022) [2022] UGHC 63 (28 June 2022)
Court
High Court of Uganda
Case number
Miscellaneous Application No. 60 of 2022
Judge
Mugabo, J
The High Court granted the applicants unconditional leave to appear and defend a summary suit, finding several bona fide triable issues about the loan, guarantorship, interest, and arbitration clause.
Hass Petroleum (U) Ltd v Kariisa & Anor (Miscellaneous Application No. 349 of 2016) [2016] UGCommC 96 (17 October 2016)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 349 of 2016
The application for consolidation is dismissed because the pending bankruptcy petition against the first respondent renders consolidation unnecessary; the applicant's claim is admitted in the bankruptcy proceedings, and any further proceedings against the bankrupt require compliance with the Insolvency Act. The arbitration clause in the dealership agreement is rendered moot by the admission of the debt in the bankruptcy petition, eliminating the need for referral to arbitration. Consolidation would not serve a useful purpose, as the resolution of the applicant's claim will occur within the ba…
East African Development Bank v Ziwa Horticultural Exporters Ltd (High Court Miscellaneous Application No. 1048 of 2000) [2000] UGCommC 7 (19 October 2000)
Court
Commercial Court of Uganda
Case number
High Court Miscellaneous Application No. 1048 of 2000
The court stayed proceedings and referred a company dispute to arbitration, holding that valid arbitration clauses bound the parties and section 6 favored reference.