Wakilii

Geomatic Solutions Ltd v Uganda National Roads Authority [2026] UGCOMMC 236

High Court · 2026 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal out of time against dismissal of application to set aside arbitral award
Decision
Application dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Application for leave to appeal dismissed. Section 38(3)(b) of the Arbitration and Conciliation Act requires that parties have agreed to a question of law arising from the arbitration agreement. The applicant failed to demonstrate any such agreed question of law and merely alleged errors of law, which is insufficient to invoke section 38. Without evidence of a question of law agreed upon by parties in the arbitration agreement, the application falls outside the scope of section 38 and must fail.

Outcome

Application dismissed with costs to the respondent

Facts

Geomatic Solutions Ltd had previously filed Misc. Application No. 1104 of 2020 seeking to set aside a final arbitral award made under Arbitration No. KNA/ARB/004/2019. That application was dismissed with costs on the ground that the applicant failed to prove grounds for setting aside the arbitral award under the Arbitration and Conciliation Act. The applicant then filed the present application seeking leave to appeal the dismissal out of time, alleging that the application raised important questions of law meriting consideration by the Court of Appeal. The respondent opposed, contending that the applicant had not satisfied the requirements under section 38 of the Arbitration and Conciliation Act for granting leave to appeal.

Issues

  1. Whether the applicant has sufficient grounds for grant of leave to appeal
  2. Whether this honorable court has jurisdiction to enlarge the time for filing the intended appeal
  3. What remedies are available to the parties

Orders

  • Application dismissed with costs to the respondent.

Rules and key headnotes

Arbitration & ADR — Leave to Appeal — Questions of Law — Requirements under Section 38(3)(b) of Arbitration and Conciliation Act
For leave to appeal to be granted under section 38(3)(b) of the Arbitration and Conciliation Act, a party must demonstrate that there exists a question of law arising from the arbitration agreement as agreed upon by the parties. It is not sufficient to merely allege that a question of law exists or that the learned judge erred in law.
Arbitration & ADR — Leave to Appeal — Scope of Section 38 — Agreed Questions of Law
Section 38 of the Arbitration and Conciliation Act can only be invoked where parties have agreed that an appeal may be made on a question of law arising out of the award. The provision does not apply where there is no evidence of any question of law agreed upon in the arbitration agreement.

Legislation cited (10)

Cases cited (1)

  • Babcon Limited v Mbale Resort Hotel Ltd (Supreme Court Civil Appeal No. 6 of 2016)

Full judgment

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

Geomatic Solutions Ltd v Uganda National Roads Authority 2026 UGCommC 236 (6 March 2026)
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.