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Uganda decisions
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True African (U) Limited v Flutterwave, Inc. (Miscellaneous Application 706 of 2024) [2024] UGCommC 349 (31 December 2024)
The High Court held it lacked jurisdiction because the dispute arose from contracts containing an arbitration clause, and the summary suit was struck out.
Exim Bank (U) Limited & 2 Others v Latigo (Miscellaneous Application 616 of 2023) [2024] UGCommC 96 (30 April 2024)
The High Court held that disputes between the company and its members were subject to arbitration, but claims against the bank were not and could remain in court.
Tumo Technical Services Limited v China Railway 18th Bureau (Group) Co. Limited (Civil Suit 432 of 2022) [2023] UGCommC 141 (24 November 2023)
The High Court held that the parties’ contract contained a clear arbitration clause, found no basis to treat it as inoperative, and dismissed the suit.
Najjuma v Khasakhi Cooperative Savings & Credit Society Limited (Miscellaneous Application 278 of 2023) [2023] UGCommC 262 (28 September 2023)
The High Court refused a stay of execution in a loan-default dispute, holding that the matter was governed by an arbitration clause and statutory arbitration provisions.
USAFI Market Vendors Association v Safinet Uganda Ltd and Anor (CAD/ARB/ 68 of 2017) [2018] UGCADER 8 (28 March 2018)
CADER granted an application to appoint an arbitrator after finding the parties had mutually frustrated pre-arbitration mediation steps under the dispute resolution clause.
Power and City Contractors Ltd v LTL Project (PVT) Ltd (Hct-09-cv-ma-0062 of 2011) [2011] UGHC 78 (21 June 2011)
The court found that the parties' contract contained a clear and binding arbitration clause, which required disputes arising out of the contract to be referred to arbitration under the Singapore International Arbitration Centre Rules. The Arbitration and Conciliation Act mandates referral to arbitration unless the agreement is null, void, inoperative, or incapable of being performed, none of which were pleaded or established by the applicant. The court rejected the applicant's argument that the clause was optional or that jurisdiction was ousted, clarifying that the court retains jurisdiction…
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Bayeti Farm Enterprises & Anor v Transition Grant Services (CAD/ARB/ 4 of 2009) [2009] UGCADER 1 (5 April 2009)
The existence of an arbitration clause in the contract between the parties obligates the parties and their counsel to bring disputes within its scope to arbitration, regardless of any pending court proceedings. The Civil Procedure Act does not apply to applications for appointment of arbitrators under Section 11 of the Arbitration and Conciliation Act. The respondent's arguments regarding multiplicity of suits and sub judice do not override the contractual obligation to arbitrate. The court's role is to support the arbitral process, and the presence of a related High Court suit does not extin…
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Clemens Ferhr v Kanyeihamba (CAD/ARB/ 9 of 2006) [2007] UGCADER 2 (4 January 2007)
CADER has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act where the procedure agreed by the parties has failed, specifically when the President Uganda Law Society, designated as the appointing authority in Clause 6 of the Lease Agreement, has pended and thereby failed to perform the function of appointing an arbitrator. The applicant did not waive the right to arbitration by filing a civil suit, as Section 5 ACA expressly allows arbitral proceedings to continue despite pending court actions. The applicant exhausted the procedure under Clause 6 by…
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