National Social Security Fund and Another v Alcon International Limited
National Social Security Fund and Another v Alcon International Limited (Civil Appeal No 15 of 2009) [2013] UGSC 29 (8 February 2013)
The Supreme Court held that Alcon International Ltd (Uganda) had no cause of action against the appellants because the contract and co-financing agreement were signed by Alcon International Ltd (Kenya), and no valid assignment to Alcon Uganda was pleaded or proved. Clause 17 of the contract expressly prohibited assignment without NSSF's consent, which was neither sought nor obtained. The Court found that the arbitral award was procured by fraudulent misrepresentation and concealment of material facts, amounting to illegality and contrary to public policy. The trial judge erred in referring th…
Source excerpt
- Arbitration Awards
- Contract Assignment
- Fraudulent Misrepresentation
- Public Policy
- Privity Of Contract