Gabikan Engineering Limited v Pharmaceutical Society Of Uganda (Miscellaneous Application 1830 of 2025)

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

Application for recognition and enforcement of an adjudication award dismissed as overtaken by events. The court noted that a prior decision in MC 0033 of 2025 between the same parties had referred the dispute to arbitration, rendering the present application unnecessary.

Outcome

Application dismissed without substantive determination due to prior referral to arbitration

Facts

Gabikan Engineering Limited applied to court seeking recognition and enforcement of an adjudication award dated 8th April 2025 arising from a construction contract dispute with Pharmaceutical Society of Uganda. The contract concerned construction of a multipurpose 4-level pharmacy house, Phase II (Part A) under procurement reference 133/2022. The dispute had been subject to adjudication under the Uganda Institution of Professional Engineers Adjudication Guidelines 2019. A prior court decision in MC 0033 of 2025 between the same parties had referred the dispute to arbitration.

Issues

1. Whether the adjudication award dated 8th April 2025 should be recognized and enforced as a decree of court under section 35 of the Arbitration and Conciliation Act.

Orders

• Application dismissed as overtaken by events.
• No order as to costs.

Legislation cited (6)

• Arbitration and Conciliation Act Cap 5 s.35
• Arbitration Rules r.11
• Arbitration Rules r.13(1)
• Judicature Act Cap 16 s.14(1)
• Judicature Act Cap 16 s.33
• Civil Procedure Act s.98

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