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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
6 judgments
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6 judgments
Citation
Judgment date
February 2005
Kyebakola Sam v The Arab Contractors Osman Armed Osman & Co (Civil Suit No. 567 of 2003) [2005] UGCommC 4 (27 February 2005)
Unjustified termination amounted to repudiation; plaintiff awarded general damages, interest and costs.
Contract law – subcontract – wrongful termination and repudiation – employer’s attempt to vary terms and deduction for materials. Remedies – assessment of general damages for inconvenience and loss of expected work following repudiatory breach. Procedure – ex parte trial where defendant failed to appear. Interest – award to carry interest at court rate from judgment until payment.
 27 February 2005
Assist (U) Limited v Italian Asphalt and Haulage Limited and Another (Civil Suit 1291 of 1999) [2005] UGCommC 85 (24 February 2005)
Court finds distress defective and unlawful; awards damages for wrongful distress and fixes repair valuation.
Landlord and tenant – sub-lease – interpretation of "substantial" repairs; distress for rent – certificate misdescription and illegality; distress off the demised premises – no statutory right in Uganda to pursue removed goods; bailiffs act as landlord's agents and have no immunity for wrongful distress; valuation of distrained goods; remedies – damages for trespass/conversion and counterclaim awards.
 24 February 2005
Assist. (U) Limited v Italian Asphalt and Haulage Limited and Another (Civil Suit 1291 of 1999) [2005] UGCommC 86 (24 February 2005)
Court held distress levied off the demised premises illegal; repair valuation US$14,387; damages awarded to both parties.
Commercial/land law – sub-lease specifying premises "in need of substantial repairs" – meaning of "substantial"; repairs v improvements; distress for rent – certificate defectively described; distress levied off demised premises illegal/irregular under Ugandan law; bailiffs are agents of landlord and not immune; valuation preferred for repairs (Barker, Barton & Lawson); remedies: damages for wrongful distress and counterclaim for rent.
 24 February 2005
Uraza Saidi and Another v Soni (Civil Suit No. 664 of 2003) [2005] UGCommC 83 (24 February 2005)
A conditional contract required sale in India; purported later agreement void, plaintiffs awarded damages and interest.

Contract law – sale of goods – condition precedent (sale in India) – effect on formation and enforceability; Variation of contract – alleged subsequent agreement – non est factum/mistake and illiteracy/translation issues – void ab initio; Damages for breach – special and general; Proof of ancillary expenses (hotel bills) insufficient.

 24 February 2005
Uraza Saidi and Another v Soni M. (Civil Suit 709 of 2003) [2005] UGCommC 87 (24 February 2005)
Condition precedent upheld; alleged second agreement void; plaintiff awarded quantum meruit, damages, interest and costs.
Contract — sale of goods — condition precedent: price payable only if stones sold in India at agreed price; otherwise return and refund. Contract variation — alleged subsequent agreement held void ab initio where signatory did not understand document and mistake was fundamental (non est factum). Illiterates Protection Act considered but non-compliance did not automatically invalidate document; evidential and equitable factors applied. Quantum meruit — recovery where defendant retains goods and condition precedent failed. Damages — special, general, interest and costs awarded; unproved incidental expenses disallowed.
 24 February 2005
MH ConstructionCoLtd v Petro Uganda Ltd (High Court Civil Suit No. 425 of 2002) [2005] UGCommC 3 (13 February 2005)
Anticipatory breach by the plaintiff justified lawful termination; penalty unenforceable without Architect’s certificate; defendant awarded damages.
Contract law – breach and waiver: party’s conduct can waive earlier breach; anticipatory breach permits termination; liquidated damages clause requiring Architect’s certificate must be complied with before penalties imposed; damages for inconvenience recoverable where contractor fails to complete agreed remedial works.
 13 February 2005