Uganda Case Law

Elgonia One Cafe International Limited & 3 Others v Stanbic Bank Uganda Limited & Another

Elgonia One Cafe International Limited & 3 Others v Stanbic Bank Uganda Limited & Another (Miscellaneous Application 259 of 2020) [2024] UGHC 901 (3 October 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 259 of 2020

Judge

Apiny, J

The court found that although the arbitral award was delivered approximately 15 days beyond the statutory two-month period, the applicants participated in the proceedings, failed to object to the delay, and thus waived their right to challenge the award on that ground under section 4 of the Arbitration and Conciliation Act. The court further held that the arbitrator did not exceed the scope of reference, as the Field Warehouse and Storage Agreement and the Agricultural Loan Facility Agreement were inextricably linked, and the disputes arising from both were properly arbitrated. The 2nd, 3rd,…

Source excerpt

• Arbitral Award Setting Aside
• Arbitration Agreement Scope
• Joinder Of Parties
• Waiver Of Objection
• Privity Of Contract
• Group Of Companies Doctrine

Wanzala Enterprises Ltd v Barclays Bank Uganda Ltd

Wanzala Enterprises Ltd v Barclays Bank Uganda Ltd (Miscellaneous Application No. 754 of 2016) [2016] UGCommC 67 (9 September 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 754 of 2016

The High Court dismissed an application to disqualify a court-appointed referee over alleged conflict of interest, finding the objection was late and waived.

• Conflict Of Interest
• Arbitrator Disqualification
• Referee Appointment
• Reconciliation Of Accounts
• Waiver Of Objection
• Arbitration Procedure

Dhanani v Moez

Dhanani v Moez (Civil Suit 416 of 2001) [2002] UGCommC 33 (11 October 2002)

Court

Commercial Court of Uganda

Case number

Civil Suit 416 of 2001

Judge

Ogoola James, j

The court held that a mixed summary suit could be severed so the liquidated claim proceeds summarily and the unliquidated interest claim proceeds ordinarily.

• Summary Suits
• Liquidated Claims
• Unliquidated Claims
• Severability Of Claims
• Waiver Of Objection
• Summary-suits

Hanani Moezali v Moez Ramani

Hanani Moezali v Moez Ramani (Civil Suit No. 416 of 2001) [2002] UGCommC 20 (10 October 2002)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 416 of 2001

The court held that where a suit contains both liquidated and unliquidated claims, the principle of severability applies. The court may proceed under summary procedure with the liquidated claim, while the unliquidated claim should be handled under ordinary procedure. The court found no injustice in this approach and cited the Dela Pasture case as authority. The court also rejected the plaintiff's argument that the defendant had waived the right to object by not raising it at the time of applying for leave to defend, holding that waiver does not apply to matters of law. The court further noted…

Source excerpt

• Summary Procedure
• Liquidated Claims
• Unliquidated Claims
• Severability Of Claims
• Waiver Of Objection