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Wanzala Enterprises Ltd v Barclays Bank of Uganda Ltd (Miscellaneous Application No. 946 of 2016)

High Court · [2016] UGCOMMC 215 · 2016 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for leave to appeal to the Court of Appeal arising from earlier ruling dismissing challenge to arbitrator
Decision
Application for leave to appeal dismissed with costs to the Respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The court dismissed an application for leave to appeal where the applicant challenged the appointment of an allegedly biased arbitrator but failed to address the fundamental ruling that their objection was time-barred under section 13(2) of the Arbitration and Conciliation Act. Leave to appeal requires arguable grounds challenging the basis on which the lower application was dismissed. Where the court dismissed the challenge as time-barred, the applicant must raise arguable grounds on the limitation issue. Failure to do so renders the intended appeal incapable of success.

Outcome

Application for leave to appeal dismissed with costs to the Respondent

Facts

The parties had appointed Mungereza & Kiriisa Certified Public Accountants as arbitrator/referee by consent order filed 10 October 2014 to reconcile accounts in the underlying suit. The Applicant discovered in October 2015 that Mr Joram Kariisa, a partner in the appointed firm, was a director in the Respondent bank. In Miscellaneous Application No. 754 of 2016, filed approximately 10 months after discovery, the Applicant challenged the arbitrator for conflict of interest and sought appointment of a new arbitrator. The court dismissed that application on 19 September 2016, holding that the challenge was made outside the 15-day period prescribed by section 13(2) of the Arbitration and Conciliation Act. The Applicant then sought leave to appeal that dismissal, but did not challenge the time-bar finding in the grounds for leave.

Issues

  1. Whether the Applicant raised arguable grounds of law meriting judicial consideration by the Court of Appeal.
  2. Whether the Applicant's failure to challenge the finding that their objection to the arbitrator was time-barred is fatal to the application for leave to appeal.

Orders

  • Application for leave to appeal dismissed.
  • Costs awarded to the Respondent.

Rules and key headnotes

Arbitration — Challenge to Arbitrator — Time Limits — Arbitration and Conciliation Act s.13(2)
A challenge to the impartiality of an arbitrator must be made within 15 days of discovery of circumstances justifying the challenge, in accordance with section 13(2) of the Arbitration and Conciliation Act.
Appeals — Leave to Appeal — Principles — Arguable Grounds of Law
Leave to appeal will be granted only where the applicant demonstrates arguable points of law which merit serious judicial consideration by the appellate court.
Appeals — Leave to Appeal — Preliminary Points of Law — Failure to Challenge Basis of Dismissal
Where a lower application is dismissed on a preliminary point of law, an application for leave to appeal must raise arguable grounds challenging that preliminary point. Failure to address the basis on which the court dismissed the application is fatal to the leave application.

Legislation cited (1)

Cases cited (2)

  • Degeya Trading Stores (U) Ltd v Uganda Revenue Authority (Civil Appeal No. 16 of 1996)
  • Kasese Cobalt Authority v National Forestry Authority (Miscellaneous Application No. 1079 of 2013)

Full judgment

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

Wanzala Enterprises Ltd v Barclays Bank of Uganda Ltd (Miscellaneous Application No. 946 of 2016) [2016] UGCommC 215 (19 December 2016)
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.