Court name
High Court of Uganda
Judgment date
16 October 2000

East African Development Bank v Ziwa Horticultural Exporters Ltd (Miscellaneous Application-2000/1048) [2000] UGHC 20 (16 October 2000);

Cite this case
[2000] UGHC 20
 

THE REPUBLIC OF UGANDA
IN THE HIGH COURT OF UGANDA HOLDEN AT KAMPALA
IN THE MATTER OF ZIWA HORTICULTURAL EXPORTERS LIMITED
AND IN THE MATTER OF THE COMPANIES ACT
 
MISC APPLICATION NO. 1048 OF 2000
COMPANIES CAUSE NO. 11 OF 2000

EAST AFRICAN DEVELOPMENT BANK…… PETITIONER/RESPONDENT

VERSUS
 

ZIWA HORTICULTURAL
EXPORTERS LIMITED
……………………….RESPONDENT/APPLICANT

BEFORE: THE HONOURABLE MR. JUSTICE R. 0O OKUMU WENGI
 

RULING

This is an application for stay of proceedings in a petition brought by a minority shareholder for certain reliefs including in the alternative a winding up order. The applicant is the company against which the orders are sought and the petitioner respondent is the minority shareholder in it. Before hearing of the petition could commence counsel for the applicant Ziwa Horticultural Exporters Ltd (Ziwa), Mr. Katende sought to stay the petition brought by the East African Development Bank (EADB). The reasons for the application are that a loan agreement whereby EADB financed ZIWA contained an arbitration clause. Further that