Wakilii

Roko Construction Ltd v Mohammed Mohammed Hamid (Miscellaneous Application No 2252 of 2025)

High Court · [2025] UGCOMMC 467 · 2025 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 issued for enforcement

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court granted recognition and enforcement of Arbitral Award No. AB/5/2009. The applicant satisfied all statutory requirements under sections 35 and 36 of the Arbitration and Conciliation Act by filing a written application, furnishing a certified copy of the arbitration agreement and the final award. The award had not been set aside and no grounds were advanced to justify non-enforcement. A decree issued for enforcement of the award with costs to the applicant.

Outcome

Arbitral award recognized and decree issued for enforcement

Facts

On 25 July 2005, the applicant entered into a construction contract with the respondent to construct a residential house at Plot 438 Windsor Close Kololo, Kampala for UGX 1,100,000,000. A dispute arose and was referred to the Centre for Arbitration and Dispute Resolution pursuant to an arbitration clause in the contract. On 30 June 2009, the arbitral tribunal issued Award No. AB/5/2009 ordering the respondent to pay UGX 584,430,571 as balance due at 18% interest per annum from filing to payment in full, UGX 100,000,000 in general damages at 18% interest per annum from the award date to payment in full, and UGX 32,260,000 to the arbitrator. The applicant filed and registered the award with the High Court on 18 November 2009 and served notice on the respondent on 23 November 2009. The award was never set aside. The applicant now sought recognition and enforcement.

Issues

  1. Whether the application for recognition and enforcement of the arbitral award should be granted to the applicant?

Orders

  • The Arbitral Award No. AB/5/2009 by the Centre for Arbitration and Dispute Resolution dated 30th day of June 2009 is hereby recognized.
  • A decree hereby issues for enforcement of the said award.
  • Costs of this application are awarded to the applicant.

Rules and key headnotes

Arbitration & ADR — Recognition and Enforcement of Awards — Statutory Requirements
An arbitral award shall be recognized as binding and enforced upon written application to court where the applicant furnishes the duly authenticated original or certified copy of the award and the original arbitration agreement or certified copy thereof, unless grounds exist under the Arbitration and Conciliation Act to refuse enforcement.
Arbitration & ADR — Recognition and Enforcement of Awards — Court's Duty
The duty of the court in enforcement proceedings is to verify that there was an arbitral award pursuant to an arbitration agreement by reviewing the original or certified copies of the award and arbitration agreement, and the court enforces only arbitral awards based on arbitration agreements it knows to be true.
Arbitration & ADR — Recognition and Enforcement of Awards — Subsisting Awards
Where an arbitral award subsists without having been set aside and no grounds have been advanced to justify non-enforcement, the court shall grant recognition and issue a decree for enforcement of the award.

Legislation cited (3)

Cases cited (2)

  • Alios Alliance Limited v NSJ Investments Limited & Anor (Miscellaneous Application No. 691 of 2021)
  • Uganda Lottery Ltd v Attorney General (Miscellaneous Cause No. 627 of 2008)

Full judgment

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

Roko Construction Ltd v Mohammed Mohammed Hamid (Miscellaneous Application No 2252 of 2025) [2025] UGCommC 467 (19 December 2025)
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.