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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
8 judgments
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8 judgments
Citation
Judgment date
December 2005
John Musisi v Commissioner General, Uganda Revenue Authority and Attorney General (HCT-00-CC-CS 72 of 2005) [2005] UGCommC 80 (27 December 2005)
An informant’s 10% reward under the Finance Act is payable only on tax actually recovered, not merely ascertained or waived.
Revenue law – Informants’ reward under Finance Act s.7 – Reward payable only on tax recovered; agency notice is demand not recovery; Minister’s statutory remission under Income Tax Act lawful without informant notice.
 27 December 2005
Were Fred v Kaga Ltd (HCT-00-CC-CS 530 of 2004) [2005] UGCommC 79 (23 December 2005)
Whether ostensible authority can transfer ownership where the seller was not the registered owner and remedies for wrongful repossession.
Sale of goods – Nemo dat quod non habet – Ostensible (apparent) authority of agent – Agency by conduct – Transfer of vehicle registration documents – Buyer in good faith – Wrongful repossession – Damages and interest.
 23 December 2005
Edomond Mbalekwire v Centenary Rural Development Bank Ltd (HCT-00-CC-CS 158 of 2005) [2005] UGCommC 78 (22 December 2005)
Bank lawfully closed account and returned funds after cheques were materially altered and avoided under Bills of Exchange Act.
Banking law – bank’s right to close accounts where unlawful activity suspected; Bills of Exchange Act s63(1) – material alteration avoids cheque; holder in due course principle; conversion/receipt of fraudulently altered cheque proceeds; recovery on counterclaim.
 22 December 2005
Interfreight (U) Ltd v Haji Ahmed Nsubuga (HCT-00-CC 156 of 2005) [2005] UGCommC 77 (22 December 2005)
A claim on a verbal guarantee is barred unless a written, signed agreement or memorandum of guarantee exists under Section 3(1).
Contract Act s.3(1) — guarantee agreements must be in writing or evidenced by a signed memorandum; pleadings must support reliance on written memorandum; a compromise letter not mentioning personal liability is not a memorandum of guarantee.
 22 December 2005
Housing Finance Company of Uganda Ltd v Commissioner General, Uganda Revenue Authority (HCT-00-CC-MA 722 of 2005) [2005] UGCommC 76 (14 December 2005)
Leave for judicial review refused because a statutory Tax Appeals Tribunal remedy existed and no exceptional circumstances were shown.
Judicial review – leave to apply – withheld where alternative statutory remedy exists unless exceptional circumstances shown; Tax Appeals Tribunal – statutory review and time limits; arbitrariness/high-handedness – requirement to show decision was capricious; exceptions allowing judicial review include ultra vires, fraud, bias.
 14 December 2005
Kaga Ltd v Hidaya Nantongo (HCT-00-CC-CS 626 of 2004) [2005] UGCommC 75 (12 December 2005)
The plaintiff failed to prove the alleged loan balance; suit dismissed with costs and admitted sum deducted.
Commercial law – loan facility and securities; burden of proof on claimant to establish debt on balance of probabilities; inconsistent witness evidence and poor record-keeping undermining claimed balance; waiver/cessation of interest; sale/exchange of secured vehicles and application of proceeds; dismissal for failure to prove amount; costs ordered with admitted sum deducted.
 12 December 2005
Kazinga Channel office World Ltd v Attorney General (HCT-00-CC-CS 276 of 2005) [2005] UGCommC 74 (9 December 2005)
Plaintiff awarded decretal sum with 30% p.a. interest from filing and costs with post-taxation interest.
Contract — supply of goods — payment due but unpaid — entitlement to interest on liquidated/decretal sums. Interest — discretionary remedy — awardable where claimant deprived of money; authorities: Harbutt’s, Wallersteiner, Sietco. Costs — ordinary rule that loser pays; awarded here with interest from date of taxation. Frustration — not pleaded; concession of principal by defendant rendered liability for principal conceded.
 9 December 2005
Wamiko Construction CO (U) Ltd v Transaction International Ltd (HCT-00-CC-MA 711 of 2005) [2005] UGCommC 73 (7 December 2005)
Applicant failed to show a triable defence where it had excluded the contested works and acknowledged indebtedness.
Contract – subcontract – variation by main contractor excluding external works – defence of non‑performance defeated by contractor’s own variation letter; debt established by final account and acknowledgements; unparticularised allegations and unsupported owner’s claim cannot defeat payment claim in absence of pleaded counterclaim or evidential link.
 7 December 2005