Summary

(Arising from Civil Application No. 1295 of 2023; High Court Miscellaneous Application No. 2484 of 2023; High Court Arbitration Cause No. 0072 of 2023 and ICC Arbitration Case No. 26757)

The High Court of Uganda (Ocaya, J.) made a decision in High Court Miscellaneous Application No. 2484 of 2023 on 17th November 2023 in which it issued several orders. Firstly, it ordered the Commissioner of Lands from taking any actions or conducting any proceeding in respect of the certificate of title that the respondents in the instant application mortgaged to the applicants, that would affect the applicants' rights and the merits of the Final Arbitral Award and its Addendum pending court's determination of the Application for recognition and enforcement of the arbitral award. The proceedings that were before the Commissioner of Lands in respect of a complaint by Simba Properties Investment Co. Ltd; Patrick Bitature and Carol Bitature were stayed pending the determination of the main suit. The court further ordered the Uganda Registration Service Bureau from taking any actions, registering any documents, making any alterations to the Register or effecting any changes in the ownership, governance and management of the Simba Properties Investment Co. Ltd; Simba Telcom Ltd; Elgon Terrace Hotel Ltd and Linda Properties Ltd that relate to or may in any way impede the applicant's rights set out in the Final Arbitral Award and its Addendum pending court's determination of the Application for recognition and enforcement of the Arbitral Award. The court further suspended the registration and validity of the board resolutions dated 14th August 2023 and 6th September 2023 registered by the Uganda Registrations Services Bureau on 12th September 2023 and returned the shareholding of Elgon Terrace Hotel Ltd and Linda Properties Ltd to the position it was before the passing and / or registration of the said resolutions until the disposal of the main suit.

The respondents were dissatisfied with that decision and filed a notice of appeal, evincing their intention, to appeal to this court which was lodged on the 14th December 2023.

The applicants filed the instant application seeking to strike out that notice of appeal on several grounds. Firstly, it is contended that no appeal lies against the decision of the High Court (Ocaya, J.) as it was a proceeding under the Arbitration and Conciliation Act. Secondly that the respondents failed to take a necessary step to prosecute their appeal within the prescribed time.. ..

This document (also) contains:

• Vantage Mezzanine Fund II Partnership and Another v Simba Properties Investment Co. Ltd and Others (Civil Application No. 305 of 2025) [2025] UGCA 278 (22 August 2025)
  No automatic right of appeal exists from interim High Court orders in arbitration cases, rendering the notice of appeal incompetent.
• Simba Properties Investment Co. Ltd and Another v Robert Kirunda and Others (Civil Application No. 537 of 2022) [2025] UGCA 282 (22 August 2025)
  Court of Appeal lacks jurisdiction to entertain appeals in disputes governed by arbitration absent specific statutory provision.
• Simba Properties Investment Co. Ltd and Others v Vantage Mezzanine Fund II Partnership and Another (Civil Application No. 1295 of 2023) [2025] UGCA 279 (22 August 2025)
  An appeal against interlocutory orders in arbitration proceedings does not lie to the Court of Appeal unless expressly provided by law.
• Simba Properties Investment Co. Ltd and Others v Vantage Mezzanine Fund II Partnership and Another (Civil Application No. 231 of 2025) [2025] UGCA 277 (22 August 2025)
  Court of Appeal cannot entertain appeals against interlocutory orders made under the Arbitration and Conciliation Act absent express statutory provision.
• Simba Properties Investment Ltd and Another v Vantage Mezzanine Fund II Partnership and Another (Civil Application No. 1299 of 2023) [2025] UGCA 266 (8 August 2025)
  Court granted a stay of High Court arbitral enforcement proceedings, finding jurisdiction since the impugned order arose under the CPA, not ACA.
• Vantage Mezzanine Fund II Partnership v Simba Properties Investment Co. Limited & 5 Others (Taxation Appeal 14 of 2024) [2025] UGCommC 23 (13 March 2025)
• Simba Properties Investment Co. Limited & 3 Others v Vantage Mezzanine Fund II Partnership & Another (Civil Application 1307 of 2023) [2024] UGCA 87 (12 April 2024)
• Simba Properties Investments Co. Limited and 5 Others v Vantage Mezzanine Fund II Partnership and 6 Others (Civil Appeal 2 of 2023) [2023] UGCommC 60 (10 July 2023)
• Vantage Mezzanine Fund 11 Partnership and Another v Simba Properties Investment Company Limited and Others (Miscellaneous Cause No. 91 of 2021) [2023] UGCommC 16 (29 March 2023)
• Simba Properties Investiment Company Limited and 5 Others v Vantage Mezzanine Fund 11 Partnership and 6 Others (Miscellaneous Application 331 of 2022) [2022] UGCommC 158 (24 May 2022)
• Vantage Mezzanine Fund II Partnership v Simba Properties Investments Co. Limited and Another (HC Miscellaneous Application No. 201 of 2020) [2021] UGCommC 23 (16 June 2021)
• Vantage Mezzanine Fund 11 Partnership v Simba Properties Investment Company Limited and Anor (Civil Miscellaneous Application No. 201 of 2020) [2021] UGCommC 33 (16 June 2021)