Arbitration awards

Emily Susanne Dyk Wissanja v Zahid Asafali Wissanja (HCT-00-FD-MC-0008-2009) ((HCT-00-FD-MC-0008-2009)) [2009] UGHC 34 (23 July 2009);


Search Summary: 

The applicant and respondent were married on 5th September 1999 in Ottawa in a civil ceremony at Manotic Registry. Irreconcilable differences are stated to have arisen between the parties in 2003. On 13th March 2006 the applicant filed a statement of claim with CADER to resolve the dispute. On 25th August 2006 the arbitrator issued a decree nisi. On 4th July 2007 the arbitrator issued a decree absolute. The applicant then attempted to register an Award in the form of the Decree Absolute in this court early 2008 and this was refused by the Registrar of this court.

Headnote and Holding: 

Court held that jurisdiction in all cases of divorce under the Divorce Act is confined to the High Court only.In the result court found that the proceedings before the arbitrator chosen by the parties were void. 

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