Uganda Case Law

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…

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

Omony v Aol & Others

Omony v Aol & Others (Miscellaneous Cause 1 of 2024) [2024] UGHC 83 (6 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Cause 1 of 2024

Judge

Phillip Odoki, J

The High Court at Gulu dismissed an application for interim protection over estate land pending arbitration, finding the applicant had not shown irreparable harm or a clear enforceable interest.

• Interim Injunctions
• Arbitration Agreements
• Trusts And Estates
• Land Disputes
• Injunctive Relief
• Enforcement Of Arbitral Awards

Great Lakes Energy Company NV v MSS XSABO Power Limited and 2 Others

Great Lakes Energy Company NV v MSS XSABO Power Limited and 2 Others (Miscellaneous Application 1041 of 2023) [2023] UGCommC 28 (18 August 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1041 of 2023

Judge

Stephen Mubiru, J

The High Court varied an interim preservation order in an LCIA-related dispute, keeping it in force until the final award becomes enforceable as a court decree.

• Arbitration Interim Measures
• Enforcement Of Arbitral Awards
• Variation Of Court Orders
• Shareholder Disputes
• Injunctive Relief
• Arbitration

Dr. Alfred Otieno Odhiambo v Meduprof-SBV

Dr. Alfred Otieno Odhiambo v Meduprof-SBV (Civil Miscellaneous Application No. 665 of 2020) [2021] UGCommC 14 (30 April 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application No. 665 of 2020

Judge

Wabwire, J

The court held that under the Arbitration and Conciliation Act, Cap. 4, there is no automatic right of appeal to the Court of Appeal in domestic arbitration matters unless the parties have expressly agreed to such a right. The applicant failed to provide evidence of any agreement to appeal between the parties. The relevant supply agreement did not confer a right to appeal, and the statutory framework strictly limits court intervention in arbitration proceedings. The court's jurisdiction to entertain an application for stay of execution pending appeal is contingent upon the existence of a vali…

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• Arbitration Agreements
• Stay Of Execution
• Jurisdiction Of Court
• Appeals In Arbitration
• Enforcement Of Arbitral Awards

Excel Construction Ltd v GCC Services (U) Ltd

Excel Construction Ltd v GCC Services (U) Ltd (Miscellaneous Cause No. 156 of 2017) [2017] UGCommC 250 (6 September 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 156 of 2017

The court found that it has substantive power and discretion under Section 34(5) of the Arbitration and Conciliation Act and Rule 12 of the Arbitration Rules to order security for performance of an arbitral award where an application to set aside the award is pending. The absence of assets within the jurisdiction, especially for a Ugandan-registered company, and the lack of prejudice to the respondent if security is ordered, are sufficient grounds to grant the application. The court distinguished authorities cited by the respondent and found that the risk of non-recovery by the applicant just…

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• Arbitration Awards
• Security For Performance
• Enforcement Of Arbitral Awards
• Setting Aside Awards

Roko Constructions Ltd Vs Mohammed Mohammedi

Roko Constructions Ltd Vs Mohammed Mohammedi (Civil Appeal No.0051 of 2011) [2015] UGCA 180 (13 July 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No.0051 of 2011

The Court of Appeal reinstated an arbitral award, holding the contract and arbitration clause binding and the challenge to jurisdiction and setting aside time-barred.

• Arbitration Agreement Validity
• Enforcement Of Arbitral Awards
• Time Limits For Setting Aside Award
• Jurisdiction Of Arbitral Tribunal
• Right Of Appeal
• Contract Execution

Alcon International Limited v Standard Charted Bank of Uganda and Others

Alcon International Limited v Standard Charted Bank of Uganda and Others (Reference 6 of 2010) [2011] EACJ 7 (28 August 2011) (First Instance Division)

Court

East African Court of Justice

Case number

Reference 6 of 2010

The Reference is improperly before the East African Court of Justice as against all Respondents because the Claimant is directly involved in ongoing proceedings in the courts of Uganda concerning the same subject matter. The Court found that under Article 30 of the Treaty, only Partner States or Institutions of the East African Community may be joined in such References, and the First Respondent, a private company, does not qualify. The Court further held that the extended jurisdiction under Article 27(2) has not been operationalised by a protocol, and even if it had, the Reference would stil…

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• Jurisdiction Of Regional Court
• Forum Shopping
• Exhaustion Of Local Remedies
• Parallel Proceedings
• Enforcement Of Arbitral Awards

Alcon International Limited v The Standard Chartered Bank of Uganda and Others (Appeal 2 of 2011)

Alcon International Limited v The Standard Chartered Bank of Uganda and Others (Appeal 2 of 2011) [2011] EACJ 59 (24 August 2011) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 2 of 2011

Judge

Busingye JA, Kubo JA, Mkwawa JA

The Appellate Division set aside a ruling striking out a reference, holding that jurisdiction had to be determined first and that disputed facts cannot sustain a preliminary objection.

• Jurisdiction Of Regional Courts
• Preliminary Objections
• Enforcement Of Arbitral Awards
• Cross Border Investment Disputes
• Jurisdiction
• Preliminary-objections

Rock Trust Contractors (U) v Kibale District Local Council (HCT-00-CC-MA 433 of 2007)

Rock Trust Contractors (U) v Kibale District Local Council (HCT-00-CC-MA 433 of 2007) [2007] UGCommC 107 (19 December 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 433 of 2007

The High Court dismissed an application to revise an arbitral award, holding that the applicant had not used the statutory procedure for an additional award.

• Arbitral Award Revision
• Limitation Periods
• Enforcement Of Arbitral Awards
• Procedure Under Arbitration Act
• Arbitral-award-revision
• Additional-award