Court name
Commercial Court of Uganda
Judgment date
21 September 2008

Aya Investments (U) Ltd v Mugoya Construction & Engineering (Miscellaneous Application-2008/210) [2008] UGCommC 55 (21 September 2008);

Cite this case
[2008] UGCommC 55


THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT KAMPALA
COMMERCIAL COURT DIVISION

MISCELLENOUS APPLICATION NO. 210 OF 2008


AYA INVESTMENTS (U) LTD:::::::::::::::::::::::::::::::::::::::::::::::::::APPLICANT

-Vs-

MUGOYA CONSTRUCTION & ENGINEERING :::::::::::::::RESPONDENT

 

BEFORE:  HON MR. JUSTICE ANUP SINGH CHOUDRY



RULING

This was an Application brought by the Applicants before this court seeking the award made by an Arbitrator Steven Musisi on 26th March 2008 to be set aside in whole and the court to substitute its own award on the grounds of impartiality. This court has looked into the Application in the absence of the Applicants or the Representatives and takes a view that court cannot re-evaluate matters which have already been considered by the Arbitrator as matters of facts.

Counsel for the Respondent Ronald Oine has mad an application for Applicant’s …….to be struck off by want of Prosecution under Order 9 rule 22 of the CPR disclosing no grounds or merits and further that the Applicants have not shown any seriousness in this matter as their Application was previously struck off in their absence, it was reinstated and it has come to the court today when they are not present.

In view of the history of the matter and in view of the Arbitration award, which would only be re-opened under particular provisions of the Arbitration Act and not specified by the Applicants in their summons, which Application before the court today is dismissed for want of prosecution together with costs.

……………………………
Anup Singh Choudry
Judge
22/09/08