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Commercial Court of Uganda

The Commercial Court was established in 1996 as a division of the High Court of Uganda devoted to hearing and determining commercial disputes with current jurisdiction (as established under Legal Notice No.4 of 1996 and Instruction Circular No.1 of 1996); company causes, Bankruptcies and intellectual property.

The mission of the court is to deliver to the commercial community an efficient, expeditious and cost-effective mode of adjudicating disputes that affect directly and significantly the economic, commercial and financial life of Uganda.

Physical address
Plot 14, Lumumba Avenue, Nakasero.
4 judgments
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4 judgments
Citation
Judgment date
October 2002
The plaintiff’s liquidated claim may be severed to proceed summarily while unliquidated interest proceeds under ordinary procedure.
Civil procedure – Summary procedure under Order 33 CPR – whether mixed claims (liquidated and unliquidated) may proceed summarily or must be struck out – severability of claims. Civil procedure – Leave to defend – effect of grant of leave on summary suit (conversion into ordinary suit). Civil procedure – Waiver – whether a party can waive a question of law by failing to object when seeking leave to defend.
11 October 2002
Debtor’s petition met statutory requirements; receiving order granted but stay of proceedings refused for lack of particulars.
Bankruptcy — Receiving order — Debtor’s petition — Proof of indebtedness and act of bankruptcy required (ss.3(1)(f),5,8,16). Bankruptcy Rules — U.K. Bankruptcy Rules declared in force and adaptable to local circumstances (s.164) — deposit in Uganda shillings acceptable. Procedure — petitioner must provide particulars/reasons for court to exercise discretion to stay proceedings (s.11). Relief — receiving order granted; Official Receiver appointed; general stay refused; costs in the cause.
11 October 2002
Liquidated claims in a mixed summary suit may proceed summarily while unliquidated claims must follow ordinary procedure.
Civil procedure – Summary procedure (O.33 CPR) – Mixed claims comprising liquidated and unliquidated amounts – Severability of claims; party cannot waive question of law concerning appropriate procedure; leave to defend converts summary suit into ordinary suit.
10 October 2002
A debtor’s petition establishes an act of bankruptcy and justifies a receiving order, but a stay of proceedings requires particulars.
Bankruptcy — Debtor’s petition — presentation constitutes an act of bankruptcy (s3(1)(f)) — receiving order mandatory where s8 and s16 conditions met; U.K. Bankruptcy Rules applicable and adaptable to local circumstances (s164); proof of indebtedness by decretal judgments and Statement of Affairs; court’s discretion to stay proceedings under s11 requires particulars and reasons.
10 October 2002