Wakilii

Coffee Marketing Board Ltd. v Yugasta Construction Ltd. (Arbitration Cause 1 of 1994)

High Court · [1995] UGHC 81 · 1995 Preliminary Objections Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside an arbitration award, with preliminary objections raised by respondent
Decision
Preliminary objections dismissed; substantive application to proceed

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court held that it has jurisdiction to entertain an application to set aside an arbitration award under sections 12 and 13 of the Arbitration Act, notwithstanding a contract clause stating the award is final and binding. The court also held that supplementary affidavits may be filed with leave of court under the court's inherent jurisdiction.

Outcome

Preliminary objections dismissed; substantive application to proceed

Facts

Coffee Marketing Board Ltd. sought to set aside an arbitration award made by Dr. B. Nsangye in favour of Yugasta Construction Ltd. The applicant filed a supplementary affidavit on 12 April 1994. When the matter came for hearing, respondent's counsel raised two preliminary objections: first, that the supplementary affidavit was filed without leave of court; and second, that the High Court lacked jurisdiction to entertain the application because the contract contained a clause stating the arbitrator's award was final and binding.

Issues

  1. Whether a supplementary affidavit can be filed without leave of court.
  2. Whether the High Court has jurisdiction to entertain an application to set aside an arbitration award despite a clause stating the award is final and binding.

Orders

  • First preliminary objection overruled.
  • Second preliminary objection overruled.
  • Leave granted for admission of supplementary affidavit.
  • Costs awarded to the applicant.

Rules and key headnotes

Civil Procedure — Affidavits — Supplementary Affidavits — Requirement of Leave
A supplementary affidavit may be filed with leave of court pursuant to the court's inherent jurisdiction under section 101 of the Civil Procedure Act or section 17(2) of the Judicature Act 1967, notwithstanding the absence of an express provision in Order 17 of the Civil Procedure Rules permitting such filing.
Arbitration — Jurisdiction of Court — Ouster Clauses — Contractual Finality Provisions
A contractual clause stating that an arbitrator's award is final and binding does not oust the jurisdiction of the High Court to entertain an application to set aside the award on grounds of misconduct or improper procurement under sections 12 and 13 of the Arbitration Act, because at common law an agreement purporting to oust the jurisdiction of court is null and void.
Civil Procedure — Practice and Procedure — Filing of Documents — Timing
Advocates should file pleadings and documents well in advance of the hearing date to enable the judge to study the court record and adequately prepare for the hearing, and documents should be lodged through the registrar rather than pushed to the judge during the hearing.

Legislation cited (12)

Cases cited (2)

  • Suleman v South British Insurance Ltd [1965] EA 66
  • UCB v Mukome Agencies (Civil Appeal No. 10 of 1981) [1982] HCB 22

Full judgment

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Coffee Marketing Board Ltd. v Yugasta Construction Ltd. (Arbitration Cause 1 of 1994) [1995] UGHC 81 (1 January 1995)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.