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6 Dec 2022

Civil Procedure [2022] UGCommC 184

Uganda Registration Services Bureau v Stellar Properties Limited

Uganda Registration Services Bureau v Stellar Properties Limited (Miscellaneous Application 1495 of 2022) [2022] UGCommC 184 (6 December 2022)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 1495 of 2022
Judge: Anna B. Mugenyi, J

The Court found that the tenancy agreements were duly signed by the responsible Accounting Officers and cleared by the Attorney General, with no evidence of illegality or procurement irregularities. The Special Conditions of Contract specified litigation as the mandatory dispute resolution mechanism, not arbitration. The Applicant failed to provide evidence disputing the quantum of rental arrears or to raise any genuine triable issue regarding the amount owed. The general denial of liability was deemed an afterthought intended to delay payment. The constitutional right to be heard does not ov…

Source excerpt

Leave To Appear And Defend
Rental Arrears
Tenancy Contracts
Dispute Resolution Mechanisms
Procurement Irregularities

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14 Feb 2013

Administrative Law [2013] EACJ 147

East African Law Society v Secretary General of the East African Community

East African Law Society v Secretary General of the East African Community [2013] EACJ 147 (14 February 2013) (First Instance Division)

Court: East African Court of Justice
Judge: Busingye PJ, Lenaola JA, Mkwawa JA

The Court held that Protocols validly enacted under Article 151(1) of the Treaty become integral parts of the Treaty and are subject to its interpretation and application. The Court found that its jurisdiction, as established by Articles 23 and 27 of the Treaty, extends to the interpretation and application of the Treaty, including its Protocols and Annexes. The dispute settlement mechanisms established under the Customs Union and Common Market Protocols do not exclude or oust the interpretative jurisdiction of the Court. The mechanisms are administrative and practical alternatives for disput…