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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
March 2004
Applicants induced to pay UShs.5,000,000 by false tender representation — restitution, interest, travel costs and suit costs awarded.
Contract and tort — breach of contract; fraudulent misrepresentation/deceit — elements: false representation, knowledge of falsity, intention to induce, reliance, and damage; damages — restitution of payments proven; refusal to award speculative future profits; interest and costs awarded.
23 March 2004
Overdrafts are repayable on demand; no specific performance or loss for undisbursed loan, but fees on undisbursed portion refunded.
Banking law – overdraft repayable on demand – no remedy for premature retirement; Equity – no specific performance to compel lending; Unjust enrichment/quasi-contract – restitution of fees charged on undisbursed loan portion; Interest and costs allocation.
23 March 2004
A post-loss payment or Third Party certificate cannot retrospectively create comprehensive insurance for a prior accident.
* Insurance law – motor insurance – distinction between comprehensive and Third Party cover; renewal creates a new contract and cannot cover past events. * Insurance law – post-loss payment – payment or receipt after risk materialised does not retrospectively create cover. * Civil procedure – claim dismissed where no policy in force at time of loss.
14 March 2004
A power to borrow "a sum of money" does not authorise mortgaging land to secure goods supplied on credit.
Power of Attorney — Construction — Specific powers to borrow "a sum of money" — Strict construction of powers of attorney — "Money" in its plain meaning does not include goods supplied on credit — Mortgage granted in excess of authority.
4 March 2004