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Civil Procedure [2025] UGHC 459

Apurinari Reagan and Another v Ruhiira Co-operative Savings and Credit Society Ltd

Apurinari Reagan and Another v Ruhiira Co-operative Savings and Credit Society Ltd (Civil Revision 15 of 2024) [2025] UGHC 459 (30 June 2025)

Court
High Court of Uganda
Case number
Civil Revision 15 of 2024
Judge
Allan Nshimye, J

The High Court found that the Magistrate Grade One exercised jurisdiction not vested in law by enforcing an arbitral award, as only the High Court is empowered to enforce such awards under Section 35(1) of the Arbitration and Conciliation Act, read with Section 2(1) of the same Act. The application to enforce the award should have been made to the High Court, not the Magistrates Court. The admitted fact of the arbitration award did not confer jurisdiction on the Magistrate. Accordingly, the proceedings and orders of the Magistrate were set aside, and costs awarded to the applicants.

Source excerpt

  • Arbitral Award Enforcement
  • Jurisdiction Of Magistrates
  • Revisionary Powers
  • Cooperative Societies Disputes
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Civil Procedure [2022] UGHCCD 262

Katatumba (Administrator of the Estate of the Late Joseph B. Katatumba) and Others v Abarihamwe Livestock Cooperative Society Ltd and 2 Others

Katatumba (Administrator of the Estate of the Late Joseph B. Katatumba) and Others v Abarihamwe Livestock Cooperative Society Ltd and 2 Others (Miscellaneous Application No. 6 of 2021) [2022] UGHCCD 262 (16 December 2022)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 6 of 2021
Judge
Boniface Wamala, J

The Court found that a legal dispute exists between the Applicants, who are administrators and beneficiaries of founder members' estates, and the 1st Respondent Society regarding entitlement to compensation awarded by decree. The dispute falls squarely within Section 73 of the Cooperative Societies Act, which mandates arbitration for such matters. The Applicants have properly commenced arbitral proceedings by notifying the 1st Respondent and the Uganda Cooperative Alliance, and the 1st Respondent's refusal to cooperate does not negate this. The Court held that interim measures of protection a…

Source excerpt

  • Interim Measures
  • Arbitration Proceedings
  • Cooperative Societies Disputes
  • Decree Execution
  • Estate Administration
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Land And Property [2017] UGHCLD 238

Barugahare v Kenyi & Anor (HCT-01-CS-CA-067 OF 2016)

Barugahare v Kenyi & Anor (HCT-01-CS-CA-067 OF 2016) [2017] UGHCLD 238 (31 October 2017)

Court
HC: Land Division (Uganda)
Case number
HCT-01-CS-CA-067 OF 2016
Judge
Ojok, J

The court held that while the failure to extract a formal decree before filing an appeal is a curable technicality and does not render the appeal incompetent, the substantive dispute between the appellant and respondents, being members of a cooperative society, falls squarely within the ambit of the Co-Operative Societies Act. The Act mandates that such disputes must first be referred to arbitration, and only after exhaustion of the internal mechanisms, including appeal to the board, can the matter be brought before the courts. The High Court emphasized that it cannot exercise original jurisd…

Source excerpt

  • Cooperative Societies Disputes
  • Arbitration Requirement
  • Jurisdiction Of High Court
  • Exhaustion Of Internal Remedies
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Civil Procedure [1994] UGSC 15

Kameke Growers Coop. Society Ltd & 7 Ors Vs North Bukedi Coop. Union

Kameke Growers Coop. Society Ltd & 7 Ors Vs North Bukedi Coop. Union [1994] UGSC 15 (15 December 1994)

Court
Supreme Court of Uganda

The Supreme Court held that section 72 of the Co-operative Societies Statute, 1991, does not expressly oust the original jurisdiction of the High Court in disputes between co-operative societies. The use of the word 'shall' in the statute is not sufficient to make arbitration mandatory to the exclusion of the courts, especially in light of the constitutional and statutory provisions granting the High Court unlimited original jurisdiction. The precedent in David Kayondo v. The Co-operative Bank (U) Ltd remains binding, and the machinery for arbitration under the statute is not a ground for dis…

Source excerpt

  • Ouster Of Jurisdiction
  • Arbitration Clauses
  • Cooperative Societies Disputes
  • Preliminary Objection
  • Original Jurisdiction
  • Statutory Interpretation
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Civil Procedure [1994] UGHCCD 2

Opwateta Growers Co Society Ltd & 7 Ors v North Bukeddi cooperative union Ltd (H.C.C.S. NO. 23 OF 1993)

Opwateta Growers Co Society Ltd & 7 Ors v North Bukeddi cooperative union Ltd (H.C.C.S. NO. 23 OF 1993) [1994] UGHCCD 2 (11 March 1994)

Court
HC: Civil Division (Uganda)
Case number
H.C.C.S. NO. 23 OF 1993
Judge
Kato, J

The suit was prematurely filed in the High Court without first complying with the mandatory arbitration procedure stipulated under section 72 of the Co-operative Societies Statute 1991. Both parties, being registered co-operative societies, are subject to this statutory requirement. The court held that it could only be properly moved if the statutory provisions regarding arbitration were adhered to. The distinction from the cited Kayondo case was noted, as the present statute differs in its procedural requirements. The objection regarding jurisdiction was rejected because the plaint indicated…

Source excerpt

  • Preliminary Objections
  • Jurisdiction
  • Cooperative Societies Disputes
  • Arbitration Requirement
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.