Uganda Case Law

Makindye Sabagabo Municipal Council v Busenvi Enterprises Limited

Makindye Sabagabo Municipal Council v Busenvi Enterprises Limited (Miscellaneous Application 475 of 2022) [2025] UGHCCD 99 (16 July 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 475 of 2022

Judge

Bonny Isaac Teko, J

The court found that the Special Conditions of the Contract expressly excluded arbitration as a dispute resolution mechanism, providing instead for amicable settlement followed by recourse to the courts if necessary. The SCC superseded the General Conditions, rendering the arbitration clause inoperative and incapable of being performed. Both parties, by participating in mediation and entering a consent judgment, had submitted to the court's jurisdiction and were estopped from invoking the arbitration clause. The court held that the chain to arbitration was broken and that it retained jurisdic…

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• Arbitration Agreements
• Jurisdiction Of Courts
• Contractual Dispute Resolution
• Consent Judgments

LABX Scientific Ltd v Katakwi District Local Government and Attorney General

LABX Scientific Ltd v Katakwi District Local Government and Attorney General (Miscellaneous Cause No. 02 of 2025) [2025] UGCommC 174 (19 June 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 02 of 2025

Judge

Tumusiime Rubagumya, J

The High Court found a valid arbitration agreement in a government supply contract, but declined to appoint an arbitrator directly and referred the parties to arbitration.

• Arbitration Agreement
• Appointment Of Arbitrator
• Contractual Dispute Resolution
• Enforceability Of Contracts
• Jurisdiction Of Appointing Authority
• Payment Obligations

Planbuild Technical Services Limited v Attorney General

Planbuild Technical Services Limited v Attorney General (Civil Suit No. 1273 of 2023) [2025] UGCommC 136 (15 June 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 1273 of 2023

Judge

Susan Odongo, J

The court found that the dispute over retention monies and the issuance of the completion certificate arises from a determination made by the project manager, as evidenced by the letter from the Permanent Secretary, Ministry of Energy and Mineral Development. This determination falls squarely within the scope of the arbitration clause set out in GCC Clauses 24 to 25 of the contract. The arbitration clause is valid, operative, and capable of being performed with respect to the present dispute. The court is mandated by Section 5 of the Arbitration and Conciliation Act to refer such matters to a…

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• Arbitration Clause Scope
• Contractual Dispute Resolution
• Retention Money Claim
• Construction Contracts

Upstream Logistics Limited v Igara Growers Tea Factory Limited

Upstream Logistics Limited v Igara Growers Tea Factory Limited (Civil Suit 464 of 2024) [2025] UGCommC 112 (7 May 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 464 of 2024

Judge

Susan Odongo, J

The court held that the contract’s arbitration clause was operative and stayed the suit, directing the parties to resolve the dispute by arbitration.

• Breach Of Contract
• Arbitration Clauses
• Stay Of Proceedings
• Contractual Dispute Resolution
• Arbitration-clause
• Stay-of-proceedings

Archstone Solutions Ltd v Mutukula Regional Market Ltd and Karamagi Karim

Archstone Solutions Ltd v Mutukula Regional Market Ltd and Karamagi Karim (Civil Suit 316 of 2024) [2025] UGCommC 113 (30 April 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 316 of 2024

Judge

Susan Odongo, J

The court determined that the Special Conditions Clause 25.4 of the contract, which provides for arbitration in accordance with the Arbitration and Conciliation Act, prevails over the general dispute resolution clause. The inclusion of an arbitration clause indicates the parties' intention for disputes to be resolved by arbitration, and courts must respect this choice. As such, the court's jurisdiction is ousted, and the matter must be referred to arbitration. The suit is therefore stayed and referred to arbitration, with each party bearing its own costs.

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• Construction Contracts
• Arbitration Clauses
• Contractual Dispute Resolution

Security Group Uganda Limited v Finasi-Ishu Construction SPV-Limited

Security Group Uganda Limited v Finasi-Ishu Construction SPV-Limited (Civil Suit 829 of 2023) [2024] UGCommC 40 (22 March 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 829 of 2023

Judge

Tumusiime Rubagumya, J

The court found that the contract contained both an arbitration clause (clause 16) and a general jurisdiction clause (clause 14), but held that the arbitration clause was specific and mandatory regarding dispute resolution. The court determined that clause 16 was not hopelessly defective, inoperative, or incapable of being performed, and that the parties had not abandoned their right to arbitrate. The Arbitration and Conciliation Act restricts court intervention and mandates referral to arbitration where a valid agreement exists. The court emphasized the principle of party autonomy and public…

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• Arbitration Agreement
• Contractual Dispute Resolution
• Preliminary Objection
• Jurisdictional Challenge

Select Garments Limited v Old Stanley Hotel Limited

Select Garments Limited v Old Stanley Hotel Limited (Civil Suit 674 of 2014) [2024] UGCommC 34 (11 January 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 674 of 2014

Judge

Tumusiime Rubagumya, J

The High Court held that the defendant waived its right to arbitration by years of participation in the suit, so the preliminary objection failed.

• Arbitration Clauses
• Waiver Of Arbitration Rights
• Tenancy Agreements
• Preliminary Objections
• Stay Of Proceedings
• Contractual Dispute Resolution

Tumo Technical Services Limited v China Railway 18th Bureau (Group) Co. Limited

Tumo Technical Services Limited v China Railway 18th Bureau (Group) Co. Limited (Civil Suit 432 of 2022) [2023] UGCommC 141 (24 November 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 432 of 2022

Judge

Tumusiime Rubagumya, J

The High Court held that the parties’ contract contained a clear arbitration clause, found no basis to treat it as inoperative, and dismissed the suit.

• Arbitration Clause Enforcement
• Contractual Dispute Resolution
• Appointment Of Arbitrator
• Arbitration Agreement Performance
• Arbitration-clause-enforcement
• Appointment-of-arbitrator

Mbarara University of Science & Technology v Block Technical Services Limited

Mbarara University of Science & Technology v Block Technical Services Limited (Miscellaneous Application 397 of 2022) [2023] UGHC 273 (10 May 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 397 of 2022

Judge

Joyce Kavuma, J

The court found that the contract's dispute resolution mechanism requires disputes to first be referred to an adjudicator, and only after an adjudicator's decision may arbitration be pursued. The contract does not contain a clear, direct arbitration clause for the present dispute, which concerns breach of contract rather than a project manager's decision. The relevant clauses (GCC 33.1-34.4 and SCC) do not provide for immediate arbitration, and the court cannot enforce a vague or defective arbitration clause. Therefore, the application to refer the dispute to arbitration was dismissed. Howeve…

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• Arbitration Agreement Validity
• Contractual Dispute Resolution
• Preliminary Objection
• Adjudicator Role

Ambitious Construction Company Limited v Uganda National Culture Center

Ambitious Construction Company Limited v Uganda National Culture Center (Miscellaneous Application No. 441 of 2020) [2022] UGCommC 83 (26 September 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 441 of 2020

Judge

Boniface Wamala, J

The High Court referred a contractual dispute to arbitration, appointed Praxis Conflict Centre to assign an arbitrator, and closed the suit after finding the application proper.

• Arbitration Agreement
• Stay Of Proceedings
• Appointment Of Arbitrator
• Contractual Dispute Resolution
• Arbitration
• Stay-of-proceedings