Uganda Case Law

Farmland Industries Limited v Globe Exports Limited (Arbitration Cause 3 of 1991)

Farmland Industries Limited v Globe Exports Limited (Arbitration Cause 3 of 1991) [1991] UGHC 36 (25 October 1991)

Court

High Court of Uganda

Case number

Arbitration Cause 3 of 1991

Judge

Kireju, J

The court found that the contract between the parties expressly required that all disputes be settled amicably by negotiation before resorting to arbitration. The applicant failed to provide sufficient evidence or detail as to what negotiation efforts, if any, had been made prior to seeking the appointment of an arbitrator. The affidavits submitted by the applicant did not specify the method, content, or occurrence of negotiations, and the respondent's evidence indicated willingness to negotiate. The court held that the applicant had not discharged the burden of proving that the condition pre…

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• Arbitration Agreement
• Condition Precedent
• Contractual Dispute
• Appointment Of Arbitrator

Singh v General Workshop

Singh v General Workshop (Civil Appeal No. 36 of 1950) [1951] EACA 4 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Appeal No. 36 of 1950

Judge

Graham Paul CJ, Lockhart-Smith, J, Nihill P

The Court of Appeal held that in an entire contract for a lump sum, completion according to the contract's specifications is a condition precedent to the right to payment. The respondent's failure to construct the lorry body with a hardwood floor, as specified, constituted a substantial breach. There was no evidence of acceptance, waiver, or a new contract to pay for the work as performed. The appellant's rejection of the work was total and unequivocal. As such, the respondent was not entitled to recover any payment under the contract. The respondent also had no right to detain the appellant'…

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• Entire Contracts
• Condition Precedent
• Breach Of Contract
• Remedies For Breach
• Counterclaim
• Lien

Singh v Nand and Another

Singh v Nand and Another (Civil Case No. 40 of 1928) [1928] EACA 5 (1 January 1928)

Court

East African Court of Appeal

Case number

Civil Case No. 40 of 1928

Judge

Sheridan, J

The court held that the arbitration agreement expressly required the appointment of an umpire before the arbitrators entered upon the business of reference, making such appointment a condition precedent. Since the arbitrators had not appointed an umpire prior to commencing the arbitration, the condition precedent was not satisfied. The court further held that its discretionary power to enlarge the time for making an award under section 10 of the Arbitration Ordinance could not be exercised in the absence of compliance with this condition. The statutory provisions allowing appointment of an um…

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• Arbitration Procedure
• Condition Precedent
• Appointment Of Umpire

Singh v Nand and Another (C.C. 40/1928.)

Singh v Nand and Another (C.C. 40/1928.) [1928] EACA 20 (1 January 1928)

Court

East African Court of Appeal

Case number

C.C. 40/1928.

Judge

Sheridan, J

The court held that an arbitration clause requiring an umpire to be appointed before reference began made that step a condition precedent, so time could not be enlarged.

• Arbitration Agreements
• Appointment Of Umpire
• Condition Precedent
• Court Discretion
• Enlargement Of Time
• Arbitration