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29 May 2024

Commercial And Corporate [2024] UGCommC 150

Cairo Bank Uganda Limited v Cads Ventures Limited

Cairo Bank Uganda Limited v Cads Ventures Limited (Miscellaneous Cause 48 of 2023) [2024] UGCommC 150 (29 May 2024)

Court: Commercial Court of Uganda
Case number: Miscellaneous Cause 48 of 2023
Judge: Harriet Grace Magala, J

The court found that the applicant failed to satisfy the statutory grounds for setting aside an arbitral award under section 34(2)(a) and (b) of the Arbitration and Conciliation Act. The applicant's complaints amounted to a disguised appeal, seeking a re-evaluation of evidence rather than demonstrating any procedural or substantive irregularity as required by law. The arbitrator considered the evidence and submissions of both parties and based her decision on the contract and applicable legal principles. Dissatisfaction with the outcome or claims of partiality unsupported by persuasive eviden…

Source excerpt

Arbitration Award Challenge
Enforcement Of Arbitral Awards
Contractual Commission Disputes
Waiver Of Right To Object
Partiality In Arbitration
Costs Orders

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23 Aug 2004

Commercial And Corporate [2004] UGCommC 23

Lukyamuzi James v Akright Project Ltd & Anor (High Court Civil Suit No. 319 of 2002)

Lukyamuzi James v Akright Project Ltd & Anor (High Court Civil Suit No. 319 of 2002) [2004] UGCommC 23 (23 August 2004)

Court: Commercial Court of Uganda
Case number: High Court Civil Suit No. 319 of 2002

The court found that the plaintiff was indeed instructed by the second defendant to find land for the first defendant and that he successfully located plot 321 at Mutungo. The evidence established that the plaintiff was the effective broker, despite being excluded from the final transaction. The court rejected the defendants' denial and attempts to discredit the plaintiff, finding their testimony unreliable. The commission of Shs.5m was contractually retained for brokers, and the plaintiff was entitled to this amount. The second defendant, acting as a director, was not personally liable for t…