Vantage Mezzanine Fund II Partnership and Another v Simba Properties Investment Co. Ltd and Others (Civil Application No. 305 of 2025)
Observed later treatment
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Holding
The Court of Appeal struck out the respondents' notice of appeal as incompetent. It held that the High Court orders intended to be appealed were made in proceedings under the Arbitration and Conciliation Act, and that the mere application of provisions outside that Act (sections 33 of the Judicature Act and 98 of the Civil Procedure Act) did not remove the proceedings from its ambit. Section 9 of the Act bars court intervention in matters governed by it except as the Act provides, and section 10 of the Judicature Act requires a right of appeal created by law. No such right existed, so no appeal lay and the notice of appeal was struck out with costs.
Outcome
Notice of appeal struck out as incompetent with costs
Facts
The High Court (Ocaya, J.) in Miscellaneous Application No. 2484 of 2023 issued interim orders restraining the Commissioner of Lands and the Uganda Registration Services Bureau from acting on title and corporate registrations, and suspended certain board resolutions, pending determination of an application to recognise and enforce a Final Arbitral Award and its Addendum between the parties. The respondents filed a notice of appeal against that decision. The applicants then applied to strike out the notice of appeal, contending that no appeal lay because the decision was made in proceedings under the Arbitration and Conciliation Act, and that the notice was filed out of time. The respondents had earlier filed, then withdrawn, an application for leave to appeal premised on there being no automatic right of appeal from such interim protection orders.
Issues
- Whether an appeal lies against the decision of the High Court given that it was made in proceedings governed by the Arbitration and Conciliation Act.
- Whether orders made by applying sections of the Judicature Act and Civil Procedure Act in arbitration-related proceedings fall outside the Arbitration and Conciliation Act so as to be appealable.
Orders
- The notice of appeal is struck out with costs.
- It is unnecessary to consider the application on the other grounds raised, which arise in other matters between the same parties.
Rules and key headnotes
Legislation cited (4)
Cases cited (2)
- Babcon Uganda Ltd v Mbale Resort Hotel Ltd [2015] UGCA 2016
- Babcon Uganda Ltd v Mbale Resort Hotel Ltd l20lll UGSC 83
Cases citing this judgment (2)
How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.