Uganda Case Law

BM Steel Ltd v Kilembe Mines Ltd Ruling 3 (HCT-CC-00-MA 579 of 2005)

BM Steel Ltd v Kilembe Mines Ltd Ruling 3 (HCT-CC-00-MA 579 of 2005) [2005] UGCommC 48 (31 August 2005)

Court

Commercial Court of Uganda

Case number

HCT-CC-00-MA 579 of 2005

The court held that an order setting aside an arbitral award is not appealable as of right or with leave of court under the Civil Procedure Act or its Rules. Section 68 provides a general right of appeal, but Section 77 specifically restricts appeals to certain orders, which do not include orders setting aside arbitral awards. The Arbitration and Conciliation Act governs such orders, and neither the Civil Procedure Act nor its Rules provide for appeals from them. Precedent from B. D. Bilmoria & Another v T. D. Bilmoria and Rene Dol v The Official Receiver of Uganda confirms that appeals are o…

Source excerpt

• Appeals From Orders
• Arbitration Awards
• Leave To Appeal
• Civil Procedure Act Interpretation

Beatrice Kobusingye v Fiona Nyakana and Anor

Beatrice Kobusingye v Fiona Nyakana and Anor (Civil Appeal 5 of 2004) [2005] UGSC 3 (22 February 2005)

Court

Supreme Court of Uganda

Case number

Civil Appeal 5 of 2004

Judge

J.W.N.Tsekooko, JSC

The Supreme Court struck out a third appeal from an interlocutory Court of Appeal ruling, holding it lacked jurisdiction under section 6(2) of the Judicature Act.

• Appellate Jurisdiction
• Interlocutory Orders
• Civil Procedure Act Interpretation
• Judicature Act Application
• Appellate-jurisdiction
• Interlocutory-orders