Arthur Ssegwanyi v Applied Principles Consulting Ltd (Miscellaneous Cause No. 021 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 granted the application for recognition and enforcement of an arbitral award issued by ICAMEK on 27 January 2023. The court found that the applicant had complied with all statutory requirements under Sections 35 and 36 of the Arbitration and Conciliation Act 2013, the time for setting aside the award had expired, and the respondent had neither objected nor applied to set aside the award. The award was recognized as binding and entered as a decree of court.

Outcome

Arbitral award recognized and enforced as a decree of the High Court

Facts

The applicant commenced arbitration proceedings against the respondent under clauses 13 and 14 of a General Service Agreement dated 16 May 2018 in respect of breach by the respondent. The arbitration was conducted in accordance with the Rules of International Centre for Arbitration and Mediation in Kampala (ICAMEK). An arbitral award was issued in favour of the applicant on 27 January 2023. The time prescribed under Section 34(3) of the Arbitration and Conciliation Act 2013 for the respondent to apply to set aside the award expired. The applicant then applied to the High Court for recognition and enforcement of the award. The respondent did not object to the application nor apply to set aside the award.

Issues

1. Whether the applicant is entitled to recognition and enforcement of the arbitral award dated 27 January 2023.
2. Whether the requirements under Section 35 and Section 36 of the Arbitration and Conciliation Act 2013 have been satisfied.

Orders

• Application granted.
• Arbitral award recognized as binding on the parties as a decree.
• Award of UGX 25,000,000/= as outstanding balance on contractual sum entered as decree.
• Interest at 8% per annum from 1 January 2021 to payment in full on UGX 25,000,000/= entered as decree.
• Award of UGX 5,000,000/= as general damages entered as decree.
• Cost of arbitration (Arbitrator's fees USD $500.00, ICAMEK's Administrative fees USD $375.00, Filing fees UGX 350,000) entered as decree.
• Legal costs of the Claimant as agreed by parties or assessed by the Tribunal entered as decree.

Rules and key headnotes

Legislation cited (3)

• Arbitration and Conciliation Act 2013 s.35
• Arbitration and Conciliation Act 2013 s.36
• Arbitration and Conciliation Act 2013 s.34(3)

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