Kazooba v MK Creditors Limited and 2 Others
Kazooba v MK Creditors Limited and 2 Others (Civil Suit No. 218 of 2016) [2022] UGCommC 61 (25 July 2022)
The court found that the arbitration agreement relied upon by the Defendants was void ab initio due to the illegality of the underlying money lending contract, which was executed without a valid money lender's licence and contained illegal interest provisions. Consequently, the arbitration clause could not be enforced, and the suit was properly before the court. The renewal and service of summons were lawfully effected within the prescribed period, and no prejudice was occasioned by the informal procedure adopted. The doctrine of lis pendens did not apply as the earlier suits involved differe…
Source excerpt
- Arbitration Agreement
- Money Lending Illegality
- Corporate Veil Lifting
- Fraud On Title
- Lis Pendens
- Service Of Summons