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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
9 judgments
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9 judgments
Citation
Judgment date
November 2005
Hiraa Traders Ltd v Ismail NanGoli (HCT-00-CC-CS 887 of 2004) [2005] UGCommC 71 (30 November 2005)
Seller entitled to unpaid purchase price, damages and interest where buyer defaulted and failed to prove or mitigate defences.
Sale of goods on credit – recovery of unpaid purchase price; retention of logbook and post-dated cheques as security. Onus and credibility – defendant’s absence and failure to adduce evidence undermines pleaded defences. Assessment of damages – mitigation obligation and reduction of speculative loss. Interest – court discretion to award reasonable commercial rate (24% p.a.). Costs awarded to successful plaintiff.
 30 November 2005
Ndagire Gladesi and Anor v Nsubuga Mpombe Hussein (HCT-00-CC-CS 497 of 2004) [2005] UGCommC 72 (30 November 2005)
Plaintiff failed to prove agreed building-plan terms, defects, encroachment or delay; claim dismissed with costs.
Contract formation – existence of written agreement in local language; disputed terms. Contract breach – requirement to prove existence of specific terms (e.g. building plans, standards). Evidence – necessity of adducing expert reports and concrete proof of defects; general allegations insufficient. Encroachment/possession – court reliance on independent witnesses; complainant must prove encroachment. Prevention and mitigation – party preventing completion cannot attribute non‑completion to other party. Remedies – rescission and damages unavailable where breaches not proved.
 30 November 2005
John Magala T/A Masajja Modern Primary School v David Mukasa (HCT-00-CC-CS 578 of 2004) [2005] UGCommC 70 (29 November 2005)
Failure to prove a company's existence under the Evidence Act exposes the defendant to personal liability for unpaid MOU fees.
• Contract law – enforcement of Memorandum of Understanding for school fee subsidies – liability for unpaid fees. • Company law / evidence – requirement to prove corporate existence (s.58 Evidence Act) before relying on separate corporate identity. • Civil procedure – consequences of failing to substantiate a technical defence and non-attendance at trial; remedies including interest and costs.
 29 November 2005
Cotton Products (U) Ltd v Moses Olowo aka Moses Oyuki T/A Consumer Connect Link Promotions (Civil Suit No. 366 of 2004) [2005] UGCommC 68 (28 November 2005)
An informal promotion-and-sale contract existed; the defendant must pay the unpaid purchase price with interest and costs.
Contract — oral/informal contract — sale versus promotion — delivery notes and company letter as evidence — breach for non-payment of goods — assessment of special and nominal general damages — interest awarded from date of judgment — counterclaim dismissed for want of prosecution.
 28 November 2005
Hwan Sung Ltd v Kajjoba Bosco Ssemwezi (HCT-00-CC-CS 207 of 2004) [2005] UGCommC 69 (28 November 2005)
Plaintiff failed to prove the defendant's identity and indebtedness; claim for Shs.5,200,000 dismissed with costs.
Contract/loan recovery – burden of proof; identification of debtor; weight of handwriting evidence; credibility of witness testimony; signature inconsistencies.
 28 November 2005
Mukaburura Foundation Investments Ltd v Southern Investments Ltd (HCT-00-CC-MA 702 of 2005) [2005] UGCommC 67 (27 November 2005)
Court dismissed application for leave to appeal, holding respondent raised triable issues requiring a hearing.
Civil procedure – summary judgment – leave to appear and defend – defendant must show a bona fide triable issue of fact or law.* Holder in due course – presumption of holder for value is rebuttable by evidence of lack of consideration, fraud, illegality, or non-presentation/dishonour.* Appealability – discretionary orders require a stronger showing that grounds merit serious judicial consideration.* Procedural – competence of prior appellate dismissal is for the Appellate Court to determine.
 27 November 2005
Sylvan Kakugu Tumwesigyire v Trans Sahara International General Trading LLC (HCT-00-CC-CS 95 of 2005) [2005] UGCommC 66 (22 November 2005)
A shipping contract constituted a bailment and the carrier (bailee) was liable for loss and ordered to pay refund, damages, interest, and costs.
Contract law – shipment agreement – existence of shipping contract evidenced by invoice and correspondence; Bailment – carrier as bailee – liability for loss in transit where goods not redelivered; Damages – special damages must be specifically pleaded and proved (may be proved on balance of probabilities); Remedies – refund of purchase price or equivalent currency, general damages, interest and costs; Procedure – consequences of failure to file defence and interlocutory judgment under Order 9 Rule 6.
 22 November 2005
National Enterprise Development Association Ltd v Kezia Mbabazi and Anor (HCT-00-CC-CS 425 of 2005) [2005] UGCommC 64 (9 November 2005)
Defaulting debtor and guarantor held jointly liable for unpaid loan; court awarded principal, damages, interest and costs.
Civil procedure – Default judgment – Order 8 r 3 C.P.R.: allegations in plaint taken as admitted where defendant fails to defend. Contract law – Loan agreements – Recovery of principal and interest for breach of loan repayment obligations. Suretyship – Guarantor held jointly and severally liable for debtor’s default under guarantor’s undertaking. Damages – Assessment of general damages for loss of use of money where no figure proposed by plaintiff’s counsel. Interest – Award of interest on special damages at commercial rate from filing; interest on general damages at 8% from judgment. Costs – Successful plaintiff entitled to costs.
 9 November 2005
Ngege Ltd v Muwanga Patrick (HCT-00-CC-CS 825 of 2004) [2005] UGCommC 65 (9 November 2005)
A defaulting defendant held liable for unpaid loan; plaintiff awarded principal, damages, interest and costs.
Civil procedure – Default judgment – Order 8 r 3 CPR: allegations in plaint taken as admitted where no defence filed. Contract – Breach of contract – assessment of damages – application of Hadley v Baxendale principles. Remedies – Decree of principal, award of general damages, commercial interest and costs.
 9 November 2005