Apurinari Reagan and Another v Ruhiira Co-operative Savings and Credit Society Ltd (Civil Revision 15 of 2024)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The High Court held that a Magistrate Grade One lacked jurisdiction to enforce an arbitral award. Section 35(1) of the Arbitration and Conciliation Act requires that applications to enforce arbitral awards be made to the High Court, as defined in Section 2(1) of the Act. The Magistrate's enforcement order was made in breach of this statutory requirement and therefore in exercise of jurisdiction not vested in him.

Outcome

Magistrate's enforcement order set aside; warrant of arrest and detention cancelled

Facts

The first applicant obtained a loan from the respondent SACCO in April 2016, payable within 12 months. In February 2017, the respondent alleged default and referred the matter to arbitration before James Ndagijimana without the applicants' consent or an arbitration clause in the loan agreement. The arbitrator awarded UGX 7,953,900 plus UGX 150,000 arbitration costs on 14 July 2017. The applicants alleged they were not notified of the arbitration proceedings. The respondent applied to the Grade One Magistrate of Isingiro for enforcement of the award. The Magistrate issued orders of arrest and detention of all applicants in civil prison in execution of the arbitral award in Arbitration Cause No. 067/2017. The applicants brought this revision application more than six years after the award, challenging the Magistrate's jurisdiction to enforce the arbitral award.

Issues

1. Whether the Magistrate Grade One had jurisdiction to enforce an arbitral award in ISI-36-CV-MA-166/2017.
2. What remedies are available to the parties.

Orders

• The execution orders issued by the Grade One Magistrate of Isingiro in ISI-36-CV-MA-067/2017 enforcing the arbitral award are set aside for want of jurisdiction.
• ISI-36-CV-MA-067/2017 is set aside for illegality and material irregularity.
• The warrant of arrest and detention in execution arising from ISI-36-CV-MA-067/2017 is cancelled for having been issued by the magistrate in exercise of jurisdiction not vested in him.

Rules and key headnotes

Legislation cited (23)

• Judicature Act s.33
• Civil Procedure Act s.83
• Civil Procedure Act s.98
• Arbitration and Conciliation Act s.2(1)
• Arbitration and Conciliation Act s.2(2)
• Arbitration and Conciliation Act s.2(4)
• Arbitration and Conciliation Act s.2(12)
• Arbitration and Conciliation Act s.34(2)
• Arbitration and Conciliation Act s.34(3)
• Arbitration and Conciliation Act s.35(1)
• Arbitration and Conciliation Act s.35(2)
• Co-operative Societies Act s.2(1)(a)
• Co-operative Societies Act s.42
• Co-operative Societies Act s.73(1)(a)
• Co-operative Societies Act s.73(2)
• Co-operative Societies Act s.8
• Co-operative Societies Act s.75(9)
• Civil Procedure Rules O.22 r.23
• Civil Procedure Rules O.52 r.1
• Civil Procedure Rules O.52 r.2
• Civil Procedure Rules O.52 r.3
• Evidence Act s.57
• Interpretation Act s.1(2)

Cases cited (4)

• Besigye Harriet and 2 Others v Mushanga Co-operative Savings and Credit Society (Misc. Application No. 254 of 2013)
• Annet Zimbiha v Attorney General (Civil Suit No. 109 of 2011)
• Mabalaganya v Sanga [2005] EA 152
• Faustine Ntambara v Benon Subujisho (Civil Appeal No. 8 of 2021) [2025] UGSC 19

The original judgment as reported. Read the original PDF before relying on any passage.