[2022] UGCommC 31

[2022] UGCommC 31

The court found that all Applicants, as defendants in the main suit, have locus standi to seek a stay and referral to arbitration under Section 5 of the Arbitration and Conciliation Act. The absence of a company resolution authorizing the 2nd Applicant to swear an affidavit on behalf of the 1st Applicant was a procedural defect, but did not render the application fatally defective, as the affidavit remained credible for the 2nd Applicant. The arbitration clause in the contract was found to be operative and enforceable, with the mechanism for appointment of an arbitrator clearly set out. The Respondent's arguments regarding the incapacity of the Executive Director of CADER and the alleged...

Citation
[2022] UGCommC 31
Parties
Applicant: Lamac General Services (U) Limited t/a African Boma; Applicant: Nuwagaba Lauben; Applicant: Umar Masango; Respondent: Pegasus Technologies Limited
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
2 June 2022
Case Number
Miscellaneous Application No. 1285 of 2021
Procedural Posture
Miscellaneous Application / Ruling
Outcome
application_granted
Judges
Rwakakooko, J
Legal Topics
Stay of Proceedings, Arbitration Agreement Enforcement, Contractual Obligations, Locus Standi, Appointment of Arbitrator, Remedies and Costs
Source Language
English
Civil Procedure Commercial and Corporate Alternative Dispute Resolution Stay of Proceedings Arbitration Agreement Enforcement Contractual Obligations Locus Standi Appointment of Arbitrator +1 more

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Parties

Lamac General Services (U) Limited t/a African Boma

Applicant

Nuwagaba Lauben

Applicant

Umar Masango

Applicant

Pegasus Technologies Limited

Respondent

Procedural Posture

Miscellaneous Application / Ruling

Legal Issues

  1. 1 Whether the application is defective.
  2. 2 Whether Civil Suit No. 453 of 2020 should be stayed and the dispute referred to arbitration.
  3. 3 What remedies are available to the parties?

Ratio Decidendi

The court found that all Applicants, as defendants in the main suit, have locus standi to seek a stay and referral to arbitration under Section 5 of the Arbitration and Conciliation Act. The absence of a company resolution authorizing the 2nd Applicant to swear an affidavit on behalf of the 1st Applicant was a procedural defect, but did not render the application fatally defective, as the affidavit remained credible for the 2nd Applicant. The arbitration clause in the contract was found to be operative and enforceable, with the mechanism for appointment of an arbitrator clearly set out. The Respondent's arguments regarding the incapacity of the Executive Director of CADER and the alleged...

Court Disposition

application_granted

Orders

  • The proceedings in Civil Suit No. 453 of 2020 are hereby stayed.
  • The dispute in Civil Suit No. 453 of 2020 is hereby referred to arbitration.