Cyprian Inyangat v Andrew Bob Oligo (Miscellaneous Application 280 of 2000)

Observed later treatment

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 court dismissed an application to stay proceedings and refer the matter to arbitration under section 17 of the Arbitration Act. Although the partnership deed contained an arbitration clause, the partnership had ended in 1995 and was no longer subsisting. The court held that where a partnership has been dissolved and the partners have separated, there are no terms to enforce or refer to arbitration. The application was dismissed with costs.

Outcome

Application for stay and referral to arbitration dismissed

Facts

On 26 April 1984, Cyprian Inyangat and Andrew Bob Oligo created a partnership under the name Invo Consult Uganda. The partnership deed contained clause 19 providing that any dispute arising out of the partnership would be referred to arbitration. The partnership ended around 6 August 1995. The defendant continued to do business under the firm name and received payments for work done before the partnership ended. The plaintiff filed Civil Suit No. 72 of 2000 alleging breaches by the defendant. The defendant filed a written statement of defence on 24 February 2000. Subsequently, the defendant filed Miscellaneous Application No. 280 of 2000 seeking to stay the proceedings and refer the matter to arbitration pursuant to the arbitration clause in the partnership deed and section 17 of the Arbitration Act.

Issues

1. Whether the applicant fulfilled the legal requirements under section 17 of the Arbitration Act to obtain a stay of proceedings and referral to arbitration.
2. Whether filing a written statement of defence before applying for stay disentitles the applicant to the orders sought.
3. Whether an arbitration clause in a partnership deed that has ended remains enforceable.

Orders

• Application dismissed with costs.

Rules and key headnotes

Legislation cited (7)

• Arbitration Act s.17
• Arbitration Act s.2
• Arbitration Act s.3
• Civil Procedure Act s.61
• Civil Procedure Rules O.43 r.5
• Civil Procedure Rules O.48 r.1
• Civil Procedure (Amendment) Rules 1998 (SI No. 26/98)

Cases cited (1)

• Muluki v Oriental Fire and General Insurance [1973] EA 162

Cases citing this judgment (1)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• Inyangat v Oligo (Misc. Appl. No. 280 of 2000)

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