Commercial Court of Uganda - 2000 October

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2 judgments

Citation	Judgment date
October 2000
East African Development Bank v Ziwa Horticultural Exporters Ltd (High Court Miscellaneous Application No. 1048 of 2000) [2000] UGCommC 7 (19 October 2000) Court referred company dispute to arbitration under contractual and articles’ arbitration clauses, to be completed within 30 days. Arbitration — stay of court proceedings — Arbitration and Conciliation Act 2000 s.6 — court discretion to refer to arbitration where agreement is valid, operative and capable of performance — scope of arbitration clauses in loan agreement and company articles — alleged asset-stripping and shareholder-oppression do not automatically render arbitration inoperative — s.10 and limits on court intervention considered.	19 October 2000
Rio Insurance v Uganda Revenue Authority - (High Court Civil Appeal No. 12 of 2000) [2000] UGCommC 6 (16 October 2000) An appeal cannot be prosecuted ex parte; notice of appeal must be served and a tribunal may require proof rather than enter default monetary judgment. * Appeals – requirement of service of notice of appeal – Tax Appeals Tribunal Act s.28(1) and Civil Procedure Rules Order 39(2) – appeal cannot be lodged or prosecuted ex parte. * Procedure – default of respondent at tribunal – distinction between liability/declaratory relief and liquidated claim – necessity of formal proof even where respondent excluded. * Tax appeals – Tribunal entitled to hear applicant's case ex parte rather than enter default monetary judgment.	16 October 2000