Uganda Case Law

Electro-Maxx (U) Limited v Prime Fuels Kenya Limited

Electro-Maxx (U) Limited v Prime Fuels Kenya Limited (Miscellaneous Application 1860 of 2022) [2024] UGCommC 163 (4 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1860 of 2022

Judge

Ocaya, J

The High Court stayed a commercial suit and referred it to arbitration, holding that the contractual dispute was arbitrable and the arbitration clause enforceable.

• Arbitration Agreement Enforceability
• Stay Of Proceedings
• Cause Of Action Requirements
• Contractual Disputes
• Jurisdictional Objections
• Frivolous And Vexatious Claims

Earth Savers Movement Uganda Chapter v Uganda Electricity Transmission Company Limited (Application No. 15 of 2022)

Earth Savers Movement Uganda Chapter v Uganda Electricity Transmission Company Limited (Application No. 15 of 2022) [2022] UGPPDPAAT 14 (7 June 2022)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Application No. 15 of 2022

Judges

Nerima, Panel Member, Isanga, Ag. Chairperson, Asiimwe

The Tribunal struck out the procurement review application as time-barred and incompetent, holding that the applicant lacked locus standi because its bid had expired.

• Public Procurement Review
• Bidder Locus Standi
• Statutory Time Limits
• Conflict Of Interest
• Mandatory Requirements
• Jurisdictional Objections

Mugabo v Saava & 2 Ors

Mugabo v Saava & 2 Ors (Miscellaneous Cause No. 65 of 2012) [2012] UGHC 282 (13 December 2012)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 65 of 2012

Judge

Tuhaise, J

The court found that the memorandum of agreement between the applicant and the first respondent contains a clear arbitration clause requiring disputes to be referred to an independent arbitrator. The applicant did not challenge the existence or validity of this clause. Under sections 5 and 40 of the Arbitration and Conciliation Act, the court is obliged to stay proceedings and refer the dispute to arbitration unless the agreement is shown to be null, void, inoperative, or incapable of being performed, which was not established in this case. The cited authorities confirm that courts must respe…

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• Arbitration Clauses
• Stay Of Proceedings
• Vesting Orders
• Estate Administration
• Contractual Dispute Resolution
• Jurisdictional Objections

Mark Graves v Balton (U) Ltd (HCT-00-CC-MA 158 of 2008)

Mark Graves v Balton (U) Ltd (HCT-00-CC-MA 158 of 2008) [2008] UGCommC 46 (21 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 158 of 2008

The court held that filing a defence is not a condition precedent to making an application under Order 9 rule 3 of the Civil Procedure Rules, provided the applicant gives notice of intention to defend and applies within the time limited for service of a defence. However, the application in this case was filed outside the prescribed 15-day period following substituted service by advertisement, and thus was out of time. Furthermore, the grounds advanced by the applicant did not properly dispute the jurisdiction of the court as required under Order 9 rule 3, but rather related to alleged non-dis…

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• Jurisdictional Objections
• Abuse Of Process
• Time Limits For Filing
• Notice Of Intention To Defend