Court of Appeal set aside a High Court judgment adopted from a referee’s report, holding the process was not a fair trial under Section 27 of the Judicature Act.
andreas Wipfler T/A Wipfler Designers & Co v Meera Investments Ltd (HCT-00-CC-CS 28 of 2005) [2008] UGCommC 35 (23 June 2008)
Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 28 of 2005
The parties entered into a binding agreement to appoint an expert to determine the quantum of work done and the amount payable. The expert, Buildecon East Africa, produced a report establishing the value of works done and the payments made. The defendant failed to pay its share of the expert's fees and did not obtain or comment on the report, despite ample opportunity. The court found that the agreement to be bound by the expert report was valid and enforceable, and the defendant's failure to participate further did not vitiate the binding nature of the agreement. The court exercised its inhe…