Wakilii

Fountain Publishers v Nantamu & Anor (HCT-00-CC-MA 135 of 2011)

High Court · [2013] UGCOMMC 87 · 2013 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside an arbitral award arising from arbitration proceedings, dismissed on preliminary objection as time barred
Decision
Application to set aside arbitral award dismissed as incompetent for being time barred

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court held that an application to set aside an arbitral award filed one year and six months after the award was made was time barred under section 34(3) of the Arbitration and Conciliation Act. Receipt of an award occurs when it is read and signed by the arbitrator, not when it is physically delivered to the parties. The applicants' argument that receipt occurred only when the arbitrator released the award after payment of fees was rejected. The mandatory 30-day time limit admitted no extension.

Outcome

Application to set aside arbitral award dismissed as incompetent for being time barred

Facts

Following arbitration proceedings conducted under the Centre for Arbitration and Dispute Resolution, an arbitral award was delivered by Rtd Justice Alfred Karokora on 7 September 2009 in favour of the respondents and against the applicant. The award was read in the presence of counsel for both parties and filed with CADER on the same day. However, the arbitrator did not physically release the award to the parties pending payment of his fees. The applicant paid the fees and obtained physical possession of the award on 3 March 2011, when it was also filed in the High Court. The applicant filed this application to set aside the award on 11 March 2011. The respondents raised a preliminary objection that the application was time barred, having been filed one year and six months after the award was made.

Issues

  1. Whether the application to set aside the arbitral award was time barred under section 34(3) of the Arbitration and Conciliation Act.
  2. Whether 'receipt' of an arbitral award for the purposes of computing the one-month limitation period occurs when the award is read and signed by the arbitrator, or when it is physically delivered to the parties.

Orders

  • Application dismissed.
  • Costs awarded to the respondents.

Rules and key headnotes

Arbitration & ADR — Setting Aside Awards — Computation of Time — Meaning of Receipt of Award
For the purposes of computing the one-month limitation period under section 34(3) of the Arbitration and Conciliation Act, receipt of an award occurs when the award is read and signed by the arbitrator in the presence of counsel, not when it is physically delivered to the parties or when the parties obtain possession after paying the arbitrator's fees.
Arbitration & ADR — Setting Aside Awards — Time Limits — Mandatory Nature
The one-month time limit prescribed by section 34(3) of the Arbitration and Conciliation Act for applications to set aside arbitral awards is mandatory and admits of no extension. An application filed outside this period is incompetent and must be dismissed.
Arbitration & ADR — Arbitrator's Lien — Effect on Limitation Period
An arbitrator's lien over an award pending payment of fees does not delay the commencement of the limitation period for challenging the award. Parties who wish to challenge an award must pay the arbitrator's fees promptly to obtain physical possession and meet the statutory 30-day deadline. Any dispute over fees can be resolved subsequently.
Civil Procedure — Preliminary Objections — Time Bar — Effect
An application that is time barred is incompetent and a nullity. Where a preliminary objection on grounds of time bar is upheld, the application must be dismissed without consideration of its substantive merits.

Legislation cited (6)

Cases cited (2)

  • East African Development Bank v Blue Line Enterprises Ltd (M.A. 134 of 2006)
  • Roko Construction Ltd v Mohammed Mohammed Hamid (Civil Appeal No. 51 of 2011)

Full judgment

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

Fountain Publishers v Nantamu & Anor (HCT-00-CC-MA 135 of 2011) [2013] UGCommC 87 (13 May 2013)
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.