Uganda Case Law

National Housing & Construction Company Limited v Ambitious Construction Company Limited

National Housing & Construction Company Limited v Ambitious Construction Company Limited (Miscellaneous Cause 54 of 2023) [2023] UGCommC 147 (20 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 54 of 2023

Judge

Harriet Grace Magala, J

The court held that the application to set aside the arbitral award was filed out of time. The 30-day period for filing such an application under section 34(3) of the Arbitration and Conciliation Act began on 9 May 2023, the date the award was delivered at CADER, as agreed by the parties in their procedural directions. The applicant filed the application on 9 June 2023, after the lapse of the mandatory 30 days, rendering the application incompetent and barred by law. The court emphasized that the Arbitration and Conciliation Act is a specific law that governs arbitration proceedings and compu…

Source excerpt

• Arbitral Award Enforcement
• Setting Aside Award
• Computation Of Limitation Periods
• Court Intervention In Arbitration

Infinity Telecom Ugand Ltd & Ors v Orange Uganda Ltd

Infinity Telecom Ugand Ltd & Ors v Orange Uganda Ltd (Miscellaneous Application 3 of 2017) [2018] UGCommC 1 (9 January 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 3 of 2017

The High Court dismissed an attempted appeal against an arbitral award for being outside the Arbitration Act and filed after the one-month limit.

• Arbitral Awards
• Setting Aside Award
• Jurisdiction Of High Court
• Limitation Periods
• Dealer Agreements
• Arbitration

The Centre for Arbitration & Dispute Resolution v NSSF & Another

The Centre for Arbitration & Dispute Resolution v NSSF & Another (Civil Application 31 of 2009) [2012] UGSC 22 (17 May 2012)

Court

Supreme Court of Uganda

Case number

Civil Application 31 of 2009

Judge

Odoki, CJ

The Supreme Court of Uganda dismissed an application for leave to appear as amicus curiae, holding the applicant had not shown it would materially assist the court.

• Amicus Curiae
• Arbitration Award
• Appeal Rights
• Setting Aside Award
• Amicus-curiae
• Arbitration-award

Ruling in Kilembe Mines Ltd v BM Steel Ltd (HCT-00-CC-MC 2 of 2005)

Ruling in Kilembe Mines Ltd v BM Steel Ltd (HCT-00-CC-MC 2 of 2005) [2005] UGCommC 40 (13 July 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MC 2 of 2005

The court found that the arbitrator exhibited evident partiality by failing to scrutinize the respondent's claim for special damages with the same rigor applied to the applicant's counterclaim. The arbitrator accepted the respondent's evidence without adequate questioning or assessment, while subjecting the applicant's claims to detailed analysis and ultimately rejecting them for lack of proof. Additionally, the arbitrator unjustifiably refused to allow the applicant to call key witnesses, including an auditor and an electrical engineer, thereby preventing the applicant from fully presenting…

Source excerpt

• Arbitration Awards
• Setting Aside Award
• Evident Partiality
• Presentation Of Case
• Damages Assessment