Automated Summary
Key Facts
Rock Trust Contractors (U) Ltd applied to revise an October 2003 arbitration award that omitted Certificates Nos 1 and 2, which the arbitrator directed to be resolved internally. The applicant previously attempted to enforce the award through a company resolution and a separate court application (HCT-00-CC-MA-0461-2006), both rejected. The court dismissed the current application for failing to follow the statutory procedure for additional awards under Section 33(4) of the Arbitration Act, as the 30-day deadline had expired.
Issues
- The primary issue was whether the High Court had the authority to revise an arbitration award to include certificates 1 and 2, which the arbitrator had omitted. The Applicant argued for revision under Article 139(I) of the Constitution, Section 39(2) of the Judicature Act, and Order 52 of the Civil Procedure Rules, but the court emphasized that the correct procedure under Section 33(4) of the Arbitration Act required seeking an additional award within 30 days of receiving the original award, which the Applicant failed to do.
- The court examined whether the Applicant's failure to request an additional award for certificates 1 and 2 within 30 days of receiving the October 2003 arbitration award rendered the application statute-barred. The Applicant's 2006 resolution attempting to circumvent this limitation period by seeking judicial revision was deemed invalid under the Act's procedural requirements.
Holdings
- The court clarified that the Arbitration and Conciliation Act provides a specific procedure for correcting omissions in awards (section 33(4)), which the Applicant did not follow. The Applicant's alternative approach of using a company resolution and seeking High Court registration was deemed invalid.
- The court ordered that the costs of the application be awarded to the Respondent, Kibale District Local Council, as a consequence of the Applicant's failure to comply with statutory procedures.
- The court dismissed the application for revision of an arbitration award, determining that the Applicant failed to seek an additional award within the 30-day statutory period under section 33(4) of the Arbitration and Reconciliation Act. The ruling emphasized that the Applicant's attempt to bypass the limitation period by seeking judicial revision was an unprofessional procedure not permitted by law.
Remedies
The court dismissed the application for revision of the arbitration award and ordered the Applicant to bear the costs of the application, as the correct procedural remedy under the Arbitration and Reconciliation Act was not followed within the required 30-day period.
Legal Principles
The court applied the procedural requirements of the Arbitration and Reconciliation Act, particularly the 30-day limitation period for requesting an additional award under section 33(4). The applicant's failure to comply with this statutory deadline led to the dismissal of the application.
Precedent Name
ROCK TRUST CONTRACTORS (U) versus KIBALE DISTRICT LOCAL COUNCIL
Cited Statute
- Arbitration and Reconciliation Act
- Constitution
- Civil Procedure Act
- Judicature Act
- Civil Procedure Rules
Judge Name
Lameck N. Mukasa
Passage Text
- It is clear that there is a statutory limitation of the period within which to proceed under section 33 (4) of the Act. The application for an additional award must be made to the Arbitral tribunal within thirty days after receipt of the arbitral award. Even if the date of the Resolution is considered as the date of receipt of the award i.e. 20th February 2006, the thirty days have long expired.
- In an effort to overcome the limitation period the Applicant has tactfully chosen to proceed by seeking a revision of the award from the High Court. Court cannot entertain such unprofessional procedure. Therefore this application is dismissed with costs.
- With due respect to counsel, he was wrong. In my ruling in Miscellaneous Application 461 of 2006 I clearly pointed out the procedure provided by the Act to be followed where there is an error in an arbitration award. The procedure to follow is provided by section 33 of the Arbitration and Reconciliation Act Cap 4. It provides:- "33 (4) A party may, within thirty days after receipt of the arbitral award, request the tribunal to make an additional award as to claims presented in the arbitral proceedings but omitted from the arbitral award." "(5) If the arbitral tribunal considers the request made under subsection (4) to be justified, it shall make the additional arbitral award within thirty days."