Uganda Case Law

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others (Miscellaneous Cause 127 of 2023) [2024] UGCommC 275 (31 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 127 of 2023

Judge

Anna B. Mugenyi, J

The court dismissed an application for interim protection over a performance guarantee, holding the guarantee had been cancelled and the requested relief was overtaken by events.

• Arbitration Agreements
• Performance Guarantees
• Interim Measures
• Construction Contracts
• Contractual Breach
• Arbitration

Great Lakes Petroleum (U) Limited v Vivo Energy Uganda Limited

Great Lakes Petroleum (U) Limited v Vivo Energy Uganda Limited (Miscellaneous Cause 133 of 2023) [2023] UGCommC 149 (14 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 133 of 2023

Judge

Ocaya, J

The court found that the applicant failed to demonstrate a serious question to be arbitrated, as the affidavit and documents did not disclose sufficient facts or a clear claim against the respondent regarding the termination of the Retailing License Agreement. The applicant did not provide evidence of irreparable harm that could not be compensated by damages, nor did it establish a nexus between the eviction and any unique or substantial loss. The court held that compelling the respondent to continue a terminated contractual relationship would cause undue hardship and was not justified. The b…

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• Arbitration Agreements
• Interim Measures
• Termination Of Contracts
• Injunctive Relief

Zhonghao Overseas Construction Engineering Co. Limited v Attorney General and Others

Zhonghao Overseas Construction Engineering Co. Limited v Attorney General and Others (Miscellaneous Application 1955 of 2023) [2023] UGCommC 125 (29 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1955 of 2023

Judge

Kahigi Asiimwe, J

The court found that while the contract contained a valid arbitration clause, the designated appointing authority (CADER) was unable to act due to the absence of a governing council. To give effect to the parties' intention to arbitrate, the court appointed the International Centre of Arbitration & Mediation in Kampala (ICAMEK) to assign an arbitrator. The application for interim protective orders was dismissed because the applicant failed to demonstrate irreparable injury that could not be compensated by damages, and the balance of convenience favored the respondents, as halting a public hea…

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• Arbitration Agreement
• Interim Measures
• Mandamus
• Government Contracts
• Injunctive Relief

Vantage Mezzanine Fund II Partnership & Vantage Mezzanine Fund II Proprietary Limited v Commissioner Land Registration & 7 Others

Vantage Mezzanine Fund II Partnership & Vantage Mezzanine Fund II Proprietary Limited v Commissioner Land Registration & 7 Others (Miscellaneous Application 2484 of 2023) [2023] UGCommC 137 (17 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2484 of 2023

Judge

Ocaya, J

The court found that while Section 6 of the Arbitration and Conciliation Act does not permit interim measures after the conclusion of arbitral proceedings, the High Court possesses inherent powers under Section 98 of the Civil Procedure Act and Section 33 of the Judicature Act to grant remedies necessary for the ends of justice. The Applicants demonstrated a real likelihood that actions by the 1st and 8th Respondents could impair or frustrate the enforcement of the arbitral award, including cancellation of mortgage entries and alteration of company shareholding. The court held that preserving…

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• Interim Measures
• Arbitral Award Enforcement
• Injunctive Relief
• Corporate Securities
• Land Title Disputes

GM Tumpeco Uganda Limited v Attorney General and Another (Misc Cause 17 of 2023)

GM Tumpeco Uganda Limited v Attorney General and Another (Misc Cause 17 of 2023) [2023] UGCommC 109 (20 October 2023)

Court

Commercial Court of Uganda

Case number

Misc Cause 17 of 2023

Judge

Kahigi Asiimwe, J

The High Court dismissed an application for interim relief pending arbitration over motor vehicle number plates, finding no irreparable harm and that convenience favoured the respondents.

• Interim Measures
• Arbitration Agreement
• Contract Termination
• Public Interest Injunctions
• Arbitration
• Interim-injunctions

Multiplex Limited v Ditaco Uluslararasi Ticaret ve Muteahhit Lik Limited Sirketi (Misc Cause 78 of 2022)

Multiplex Limited v Ditaco Uluslararasi Ticaret ve Muteahhit Lik Limited Sirketi (Misc Cause 78 of 2022) [2023] UGHCCD 155 (31 May 2023)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause 78 of 2022

Judge

Musa Ssekaana, J

The High Court granted interim protection pending arbitration, restraining alleged termination and third-party communications over a joint venture road project.

• Joint Venture Disputes
• Interim Measures
• Arbitration Agreements
• Temporary Injunctions
• Arbitration
• Interim-measures-of-protection

Captain. Joseph v D and D International Uganda Limited

Captain. Joseph v D and D International Uganda Limited (Miscellaneous Application 1626 of 2022) [2023] UGCommC 41 (19 January 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1626 of 2022

Judge

Stephen Mubiru, J

High Court dismissed an application to vacate an arbitrator’s interim protection order, holding that court intervention in ongoing arbitration is tightly limited.

• Arbitration Procedure
• Interim Measures
• Jurisdiction Of Arbitral Tribunal
• Appointment Of Arbitrator
• Delay In Arbitral Award
• Arbitration-procedure

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…

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• Interim Measures
• Arbitration Proceedings
• Cooperative Societies Disputes
• Decree Execution
• Estate Administration

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

MSS XSABO Power Limited and Others v Great Lakes Energy Company NV (Miscellaneous Application 1567 of 2022) [2022] UGCommC 101 (12 December 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1567 of 2022

Judge

Stephen Mubiru, J

The High Court refused leave to appeal in a commercial arbitration-related application, holding there was no statutory or contractual right of appeal from interim measures of protection.

• Arbitration Agreements
• Interim Measures
• Leave To Appeal
• Shareholder Disputes
• Contractual Finality
• Court Intervention In Arbitration

Chongquing International Construction Corporation v Zeintaka Corporation (Japan ) and Another

Chongquing International Construction Corporation v Zeintaka Corporation (Japan ) and Another (Miscellaneous Civil Application No. 1122 of 2020) [2021] UGCommC 129 (15 February 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 1122 of 2020

Judge

Wabwire, J

The High Court upheld an application for security for appearance despite an arbitration clause, ordering a bank guarantee and backup attachment of sums due from UNRA.

• Security For Appearance
• Pre Judgment Attachment
• Interim Measures
• Arbitration Clauses
• Foreign Parties
• Enforcement Of Decrees