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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
5 judgments
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5 judgments
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Judgment date
March 2005
Sewankambo Dickson v Ziwa Abby - (HCT-00-CC-MA 178 of 2005) [2005] UGCommC 9 (31 March 2005)
A notice of appeal suffices to seek a stay; courts require substantial loss, promptness and adequate (not necessarily full) security.
Civil procedure — Stay of execution pending appeal — Notice of appeal sufficient to seek stay — Conditions for stay: substantial loss, absence of unreasonable delay, security for due performance — Security may be partial, not necessarily full decretal amount — Arrest and detention as execution remedy may be oppressive; attachment and sale preferred.
 31 March 2005
Muka Drilling Services Ltd v Geoserve (U) Ltd (HCT-00-CC-MA 137 of 2004) [2005] UGCommC 7 (29 March 2005)
Claim for vandalisation and loss of use after recall of attachment is a separate trespass/contract claim, not maintainable under Section 34.
Civil procedure – Execution and Section 34 CPA – Scope limited to questions arising from execution; trespass and contractual disputes after recall of attachment constitute separate causes of action not maintainable under Section 34.
 29 March 2005
The Co-operative Bank Ltd (In Liquidation) v Shell Kasese Services Ltd & Ors (HCT-00-CC-CS 140 of 2005) [2005] UGCommC 8 (29 March 2005)
Mortgagee’s sale upheld absent proof of bad faith; applicant granted judgment for outstanding loan balance.
Mortgage law – power of sale – mortgagee must act in good faith and take reasonable care to obtain true market value. Valuation – appropriate method (investment/rental basis) for income-generating property; depreciated replacement cost unsuitable. Sale at low price does not vitiate sale absent proof of bad faith or negligence. Burden on mortgagor to prove fraud, bad faith or negligent conduct by mortgagee or agent. Procedural requirements – statutory notice to mortgagor and advertising satisfy duty to enable sale.
 29 March 2005
Congo Tobacco Company and Another v Oasis Electronic Limited (Misc Application No. 195 of 2005) [2005] UGCommC 88 (24 March 2005)
Applicants failed to show prima facie infringement or irreparable harm; interlocutory injunction refused and interim order vacated.
Trade mark/interim relief – Temporary injunction – Application of Giella v Cassman Brown three-limb test – need for prima facie case, irreparable injury and balance of convenience. Transit goods – effect of lawful transit to foreign destination (DRC) on entitlement to interlocutory relief in Uganda. Evidence – distinction from prior Potomac decision where goods were impounded on suspicion of smuggling. URA powers – absence of legal authority to detain transit consignments apart from court order.
 24 March 2005
GW Nsobya & Anor v Uganda Posts and Telecommunications Employees Cooperative Savings and Credit Society Ltd (HCT-00-CC-CS 708 of 2002) [2005] UGCommC 6 (9 March 2005)
Plaintiffs proved entitlement to withheld cooperative savings and were awarded principal, 12% interest from March 2001, and general damages.
Cooperative society – recovery of members’ savings; evidential burden – passbook proof; unproduced bye‑laws insufficient to defeat claim; interest from date of deprivation at court rate where no contractual rate proved; general damages for inconvenience.
 9 March 2005