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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.
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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
4 judgments
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4 judgments
Citation
Judgment date
June 2004
M/s Sri Jaya Ltd v John Hope Mukasa & Anor (High Court Civil Suit No. 796 of 2000) [2004] UGCommC 17 (27 June 2004)
Court deferred ruling on preliminary objection challenging joinder of a director, reserving decision until final judgment.
Civil procedure – preliminary objection – Order 6 rr 27–28 – judicial discretion to hear or defer points of law – joinder of director – piercing corporate veil – material prejudice – deferral until final judgment.
 27 June 2004
Draco(U) Ltd v Kamuli District Local Council (Civil Suit No. 250 of 2003) [2004] UGCommC 16 (26 June 2004)
Contractor entitled to refund of VAT paid where contract price included VAT; late unpleaded directives inadmissible.
Contract law – VAT-inclusive contract price – entitlement to refund of VAT paid to tax authority; VAT Act (s.5(a), s.11, s.29, s.31) – taxable supply and invoicing obligations; Evidence and procedure – parties bound by pleadings; inadmissibility of late/unpleaded documents; Remedy – contractual interest clause and award of general damages and costs.
 26 June 2004
Kagimu Manisulu v D K Educational Schools, Nursery, Primary & Secondary School & Anor (Civil Suit No. 715 of 2002) [2004] UGCommC 15 (13 June 2004)
The applicant proved a loan evidenced by an acknowledgement and dishonoured post‑dated cheque; judgment awarded principal, interest, damages and costs.
Commercial law – loan transaction – proof of special damages by oral evidence and acknowledgement – dishonoured post‑dated cheque – director’s liability where loan obtained on behalf of company – foreseeability limits on general damages – award of interest and costs.
 13 June 2004
Edirisa Kerenget Musiwa v Paul Mtambo (Civil Suit No. 682 of 2002) [2004] UGCommC 14 (1 June 2004)
Documentary inconsistencies ordinarily prevail over oral testimony, but absent contrary proof the plaintiff recovered the unpaid loan balance.
Contract and evidence – conflict between documentary evidence and oral testimony – best evidence rule; sale agreement predating debt acknowledgment; entitlement to unpaid balance where no contrary evidence adduced; waiver and absence of material defeating claim for general damages; costs to successful party, personal costs against counsel not ordered without opportunity to be heard.
 1 June 2004