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Uwayezu Proscovia v Initiative For Kisoro Sacco Development Sacco (Miscellaneous Application 13 of 2026) 2026 UGHC 557 (2026-05-21)

High Court · [2026] UGHC 557 Application Granted — Award Set Aside AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside an arbitral award made under the Cooperative Societies Act, arising from Arbitration Cause No. 7 of 2018
Decision
Arbitral award set aside; application and related enforcement proceedings struck out

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The High Court set aside an arbitral award made under the Cooperative Societies Act on the ground that there was no written arbitration agreement between the parties as required under Section 3(1) and 3(2) of the Arbitration and Conciliation Act. The court held that in the absence of an agreement to arbitrate, any proceedings under the Act are null and void, and there is no award to enforce or set aside.

Outcome

Arbitral award set aside; application and related enforcement proceedings struck out

Facts

An arbitral award was made on November 2, 2018 by an arbitrator under the Cooperative Societies Act in Arbitration Cause No. 7 of 2018. The respondent sought to enforce the award against the applicant. On April 22, 2026, both parties appeared before the Assistant Registrar to answer a notice to show cause why execution should not issue. The applicant then filed Miscellaneous Application No. 13 of 2026 seeking to set aside the arbitral award under Section 34(2)(iii) of the Arbitration and Conciliation Act, on grounds that she was not served with notice of arbitration proceedings. The record of proceedings did not disclose any written arbitration agreement between the parties.

Issues

  1. Whether the arbitral award of November 2, 2018 should be set aside on grounds that the applicant was not served with notice of arbitration proceedings.
  2. Whether there was a valid arbitration agreement in writing between the parties as required under Section 3 of the Arbitration and Conciliation Act.

Orders

  • The Arbitration Award of November 2, 2018 is set aside.
  • Miscellaneous Application No. 5 of 2026 arising out of Arbitration Cause No. 7 of 2018 is struck out.
  • The Application No. 13 of 2026 in the premises is struck out.
  • No order is made as to costs.

Rules and key headnotes

Arbitration Agreements — Requirement for Written Agreement
An arbitration agreement must be in writing as required under Section 3(2) of the Arbitration and Conciliation Act, and may be in the form of an arbitration clause in a contract or a separate agreement under Section 3(1) of the Act.
Validity of Arbitration Proceedings — Effect of Absence of Agreement to Arbitrate
In the absence of a written arbitration agreement as required by the Arbitration and Conciliation Act, any proceedings under the Act are null and void, and there is no valid award to enforce or set aside.

Legislation cited (5)

Full judgment

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Uwayezu Proscovia v Initiative For Kisoro Sacco Development Sacco (Miscellaneous Application 13 of 2026) 2026 UGHC 557 (2026-05-21)
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.