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Uganda decisions
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Balagi Group (E.A) Limited v Housing Finance Bank (Miscellaneous Application 1018 of 2022) [2024] UGCommC 95 (30 April 2024)
The High Court referred a land-sale dispute to arbitration, finding a valid arbitration clause, no waiver of arbitration, and stayed the related suit.
Mwesigye v ICEA General Insurance Company Limited (Civil Suit 115 of 2018) [2024] UGCommC 140 (2 April 2024)
The High Court held that the insurer waived its right to arbitrate by years of participation in the suit, so the arbitration objection failed.
Select Garments Limited v Old Stanley Hotel Limited (Civil Suit 674 of 2014) [2024] UGCommC 34 (11 January 2024)
The High Court held that the defendant waived its right to arbitration by years of participation in the suit, so the preliminary objection failed.
Aya Investments (U) Limited v Industrial Development Corporation of South Africa (Miscellaneous Cause 58 of 2021) [2023] UGCommC 143 (15 May 2023)
The Ugandan High Court lacks jurisdiction to set aside the South Africa arbitral award, as such jurisdiction vests exclusively in the courts of the seat of arbitration (South Africa). The application to set aside the award is misconceived. The award meets the formal requirements for recognition and enforcement under Ugandan law and the New York Convention. The applicant was properly notified of the arbitral proceedings and elected not to participate, thus cannot claim denial of fair hearing. The subject matter of the dispute—rights and obligations under the Financial Credit Agreements—is arbi…
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Clemens Ferhr v Kanyeihamba (CAD/ARB/ 9 of 2006) [2007] UGCADER 2 (4 January 2007)
CADER has jurisdiction to appoint an arbitrator under Section 11 of the Arbitration and Conciliation Act where the procedure agreed by the parties has failed, specifically when the President Uganda Law Society, designated as the appointing authority in Clause 6 of the Lease Agreement, has pended and thereby failed to perform the function of appointing an arbitrator. The applicant did not waive the right to arbitration by filing a civil suit, as Section 5 ACA expressly allows arbitral proceedings to continue despite pending court actions. The applicant exhausted the procedure under Clause 6 by…
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