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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.
Visit website
https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
4 judgments
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4 judgments
Citation
Judgment date
October 2004
Joseph Rwakatooke Muchope v Caltex Oil(U) Ltd (Civil Suit No. 809 of 1999) [2004] UGCommC 36 (21 October 2004)
The 1998 dealership agreement replaced the earlier one; both parties breached contract; applicant awarded general damages, respondent recovered loan.
Dealership agreements – contract replacement by later executed standard form; defective fuel tanks – contractual liability for losses; occupier’s liability excluded where contract governs duties; lawful termination for failure to meet sales targets; mortgage security distinct from dealership contract.
 21 October 2004
Central Purchasing Co Ltd v Hon Col Kahinda Otafire (Bankruptcy Cause No. 23 of 2004) [2004] UGCommC 34 (11 October 2004)
Failure to file the prescribed affidavit or otherwise comply with a bankruptcy notice constitutes an act of bankruptcy.
Bankruptcy notice — compliance with s.3 of the Bankruptcy Act and Rule 140(2) — requirement to file affidavit (Form No.9) showing counterclaim, set-off or cross demand against the creditor — claims against third parties do not qualify — non-compliance constitutes act of bankruptcy under s.2(1)(g).
 11 October 2004
Venture Communications Limited v Vertex Prudential Commerce Inc (Miscellaneous Application 604 of 2004) [2004] UGCommC 150 (4 October 2004)
Court granted applicant an extension to seek leave to defend a summary suit, overruling procedural objection and ordering costs.
Civil procedure — Extension of time to file leave to appear and defend in summary suit — Order 47 r 6 and inherent jurisdiction; procedural irregularity under s.33 Judicature Act/s.98 Civil Procedure not fatal; allegation of fraud and settlement negotiations relevant to exercise of discretion; delay not excessive; costs ordered.
 4 October 2004
Victoria Finance Co. Ltd v Walugembe Adirisa and Another (Miscellaneous Application 519 of 2004) [2004] UGCommC 147 (4 October 2004)
A sale conducted in breach of a court order preserving the status quo is void ab initio and objector proceedings must continue.
Civil Procedure – Order 19 rr.55 & 57 – Objector proceedings – Attachment and judicial sale – Provisional sale by bailiff – Status quo order preventing sale – Sale in breach of court order void ab initio – Abuse of court process – Costs awarded.
 4 October 2004