Uganda Nurse and Mid Wives Council v Ram Engineering (U) Limited
Uganda Nurse and Mid Wives Council v Ram Engineering (U) Limited (Miscellaneous Application No. 138 of 2020) [2021] UGHCCD 205 (4 October 2021)
The court found that the applicant was not served or notified of the arbitration and garnishee proceedings, violating statutory requirements for notice and equal treatment. The arbitral award and agreement were not properly authenticated or furnished, rendering the proceedings irregular and illegal. The garnishee bank breached its duty of care by failing to notify the applicant before transferring substantial funds based on suspect documentation. The respondent failed to prove the existence of a valid transaction or agreement with the applicant. The court held that illegality in the process c…
Source excerpt
- Garnishee Orders
- Arbitral Award Setting Aside
- Banker Customer Duties
- Ex Parte Proceedings
- Service Of Process
- Abuse Of Court Process