Wakilii

Karim Somani v Isaac Isanga Musumba (Arbitration Cause 3 of 2025)

High Court · [2026] UGCOMMC 117 · 2026 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for recognition and enforcement of arbitral award
Decision
Arbitral award recognized and decree for enforcement issued

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court granted recognition and enforcement of an arbitral award arising from a loan dispute. The applicant satisfied all statutory requirements: a certified copy of the award and arbitration agreement were filed, proper service was effected on the respondent, and the one-month period to set aside the award under section 34(3) of the Arbitration and Conciliation Act had lapsed without challenge. A decree for enforcement was issued with costs to the applicant.

Outcome

Arbitral award recognized and decree for enforcement issued

Facts

On 3 October 2022, the parties entered into a Memorandum of Understanding whereby the applicant lent UGX 40,000,000 to the respondent. A dispute arose concerning loan repayment which the parties failed to settle amicably. The applicant sought arbitration through ICAMEK, which appointed Isaac Ssekabanja as arbitrator. The respondent was notified but did not participate in the arbitral proceedings and was unrepresented. The arbitral award was delivered on 26 July 2024. The applicant then filed this application for recognition and enforcement of the award. The respondent was properly served on 12 February 2026 but did not file any application to set aside the award within the statutory one-month period.

Issues

  1. Whether the application meets the criteria for recognition and enforcement of the arbitral award?

Orders

  • The arbitral award is recognized pursuant to section 35 of the Arbitration and Conciliation Act, Cap 5.
  • A decree is issued for enforcement of the arbitral award in accordance with section 36 of the Arbitration and Conciliation Act, Cap 5.
  • Costs awarded to the applicant.

Rules and key headnotes

Arbitration & ADR — Recognition and Enforcement of Awards — Statutory Requirements
For recognition and enforcement of an arbitral award, the applicant must satisfy three conditions: (1) that there exists an arbitral award arising from an arbitral agreement; (2) proper service of the award and the application for registration has been effected upon the respondent; and (3) a certified copy of the award has been adduced by the applicant.
Arbitration & ADR — Setting Aside Awards — Time Limits
Where the one-month period under section 34(3) of the Arbitration and Conciliation Act has lapsed from the date of service of the arbitral award and application for recognition without any application to set aside the award being filed, the court shall recognize the award and issue a decree for enforcement pursuant to sections 35 and 36 of the Act.

Legislation cited (6)

Full judgment

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Karim Somani v Isaac Isanga Musumba (Arbitration Cause 3 of 2025) [2026] UGCommC 117 (16 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.