Commercial Court of Uganda - 2002 July

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6 judgments

Citation	Judgment date
July 2002
Abdul Kadir Sempa v Bwanika & Anor (Miscellaneous Application 207 of 2005) [2002] UGCommC 27 (17 July 2002) Objector proceedings focus on possession, and a long-standing bona fide occupant can obtain release from attachment and set-aside of eviction. Civil procedure – Objector proceedings (Order 19 rr.55,56 and related rules; s.101 Civil Procedure Act) – focus on possession not title – relief available to bona fide occupant against attachment and eviction arising from execution. Possession – length of occupation and substantial improvements as evidence of bona fide occupation. Execution law – attachment and eviction may be set aside where third-party possession is proved.	17 July 2002
Edward Musisi v Vasheila Enterprises (Civil Suit No. 373 of 1998) [2002] UGCommC 15 (16 July 2002) An appellate court will not disturb a Taxmaster's taxation based on property valuation absent manifest error or contrary valuation. Taxation of costs – standard of review – appellate interference only for manifest error; Instruction fees – basis may be property value where property is central to suit; Application of Sixth Schedule to the Advocates (Remuneration and Taxation Costs) Rules; Evidential burden on challenger to provide alternative valuation; Credibility of affidavit denials when contradicted by other averments.	16 July 2002
Kabaco (U) Ltd v Attorney General (HCCS 406 of 1998) [2002] UGCommC 13 (10 July 2002) Claim for restitution of withheld taxes succeeds; plaint not defective for failure to plead fraud; defendant failed to prove remittance. Civil procedure – pleading requirements – fraud must be particularised if relied upon; restitution/quasi‑contract – recovery of moneys had and received; burden to prove remittance of withheld tax; assessment of damages and interest.	10 July 2002
Wavamuno v Kai Anderson & Others (Civil Suit 33 of 1996) [2002] UGCommC 25 (9 July 2002) Share transfer invalid for lack of corporate formalities; 2nd defendant liable for mortgage default, with shareholders bearing pro rata loss. Company law – validity of share transfer – necessity of corporate seal and company resolutions – compliance with Articles of Association; Contract law – distinction between invalid share sale and independent obligations under Power of Attorney and mortgage; Tort/contractual liability – failure of agent/company to repay loan leading to sale of mortgaged property; Apportionment – shareholders’ pro rata liability under Memorandum of Agreement.	9 July 2002
Jack Wavamunno v Kai anderson & oers (Civil Suit No. 33 of 1996) [2002] UGCommC 12 (8 July 2002) Share transfer declared invalid for lack of corporate authorisation; company liable for mortgage default causing sale, awarded damages and costs. Company law – share transfer – requirement of corporate seal and company resolutions; Articles of Association compliance – transfer formalities; Agency/Power of Attorney – duty to repay loan and redeem mortgaged property; Mortgage – lender sale following borrower default; Civil procedure – judgment for failure to file defence.	8 July 2002
Alpha International Investment Ltd v Senyonga Steven (Civil Suit No. 111 of 2001) [2002] UGCommC 11 (3 July 2002) Applicant’s money-lender claim dismissed as time-barred under s.20; s.7 memorandum satisfied so security remained enforceable. Money Lenders Act (Cap 264) – limitation – section 20: recovery proceedings must be commenced within 12 months from cause of action. Money Lenders Act – memorandum requirement – section 7: loan application letter and form can satisfy note/memorandum requirement. Validity of agreement – documents drawn by unlicensed practitioner may be nullities but annexures may still render contract enforceable. Security – enforceability contingent on existence of required memorandum.	3 July 2002