Uganda Case Law

Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates

Patrick Bitature & Another v Muhairwe & Another T/A Agaba Muhairwe & Co. Advocates (Miscellaneous Application 1314 of 2024) [2025] UGCommC 30 (27 February 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1314 of 2024

Judge

Mutesi, J

The Court found that Clause 7 of the Agreement provides for both arbitration and court litigation as dispute resolution mechanisms, but the proper interpretation, guided by principles of contract interpretation and commercial sense, is that arbitration takes precedence unless the arbitration agreement is null and void, inoperative, or incapable of being performed. There was no evidence that the arbitration agreement was unenforceable. The Court held that party autonomy in arbitration must be respected and that the dispute in Civil Suit No. 0544 of 2020 falls within the scope of the arbitratio…

Source excerpt

• Arbitration Agreement Enforceability
• Contractual Dispute Resolution Clauses
• Party Autonomy In Arbitration
• Stay Of Court Proceedings

Nambale Enterprises Ltd v Busitema University (CAD/ARB/ 3 of 2013)

Nambale Enterprises Ltd v Busitema University (CAD/ARB/ 3 of 2013) [2013] UGCADER 3 (12 March 2013)

Court

Center for Arbitration and Dispute Resolution of Uganda

Case number

CAD/ARB/ 3 of 2013

The tribunal appointed an adjudicator after finding the contract’s general dispute clause applied and the respondent failed to engage in the agreed process.

• Compulsory Appointment Of Adjudicator
• Contractual Dispute Resolution Clauses
• Failure To Invoke Agreed Procedure
• Interpretation Of Arbitration Agreement
• Compulsory-appointment-of-adjudicator
• Contractual-dispute-resolution