JUDGEMENT OF THE COURT
A. INTRODUCTION
[1] Before this Court is an amended petition dated 18th August 2023 and lodged on 22nd August 2023. It is brought pursuant to Article 163(4)(a) of the Constitution, Sections 15(2), 20, 21 and 22 of the Supreme Court Act, 2011 and the enabling provisions of the Supreme Court Rules, 2020. The appeal challenges the Ruling of the Court of Appeal (Musinga (P), Murgor & Sichale, JJ.A) delivered in Civil Application No.E343 of 2021 on 21st October 2022, wherein the Appellate Court declined to grant the appellant leave to appeal against the High Court Decision emanating from Sections 35 and 39 of the Arbitration Act.
B. BACKGROUND
[2] Following the success of its existing campuses, the appellant (Kampala International University) was desirous of expanding into the Kenyan market. It acquired land in Kitengela with an intention to construct its Kitengela Campus at an estimated cost of USD 15,000,000.00. Similarly, sometime in 2010, t…