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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.
Visit website
https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
6 judgments
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6 judgments
Citation
Judgment date
April 2005
Crown Beverages Ltd v Stanbic Bank Uganda Ltd (now merged with UCBL) - (Miscellaneous Application 181 of 2005) [2005] UGCommC 14 (24 April 2005)
Application to set aside dismissal under O.9 r.20 granted for counsel’s indisposition; suit reinstated but costs awarded to respondent.
Civil procedure – Order 9 r.19/r.20 – Setting aside dismissal for non-appearance – 'Sufficient cause' (illness/indisposition of counsel) – Delay in applying – Merits generally not considered on r.20 applications – Costs where counsel fails to send representative.
 24 April 2005
Hussein Hamdani v Uganda Electricity Board (Civil Suit No. 584 of 2003) [2005] UGCommC 13 (21 April 2005)
Claim on matured bonds was time‑barred; equity cannot defeat statutory limitation, plaint struck out with costs.
Contract law – bonds as contracts under seal; Limitation Act s.3(1)(a) – six‑year limitation for contractual actions; Equity – cannot defeat statutory limitation; Local Loans Act (Cap. 240) held irrelevant to limitation; Striking out plaint under Order 7 rule 11(b).
 21 April 2005
Shinepay (U) Ltd v Tumwesiga Ignatius and Anor - (HCT-00-CC-MA 202 of 2005) [2005] UGCommC 12 (17 April 2005)
Whether property attached in execution belonged to the judgment debtor at the time of attachment.
• Civil procedure – Execution of judgment – Attachment and sale – Property belonging to third parties at time of attachment not liable to execution. • Land law – Registered transfer and possession – Title and occupation prior to judgment prevail over later attachments. • Land registration – Allegations of forged instruments investigated but absence of proof of forgery upholds registered transfer. • Relief – Setting aside attachment and release of property from sale.
 17 April 2005
Muhenda v Uganda Electricity Distribution Company Limited (HCCS NO. 730 OF 2005) [2005] UGCommC 81 (12 April 2005)
The court held the plaintiff's summary dismissal for misconduct was lawful, following proper procedural compliance.
Employment law – wrongful dismissal – summary dismissal for misconduct – opportunity to be heard – procedural compliance.
 12 April 2005
Sam Engola v Es-ko International Inc - (HCT-00-CC-MA 231 of 2005) [2005] UGCommC 11 (12 April 2005)
Defendant failed to show a triable defence; personal undertaking and unreliable payment evidence justified judgment for plaintiff.
Civil procedure – Order 33 Rules 4 and 7 – defendant’s burden when applying for leave to appear and defend – requirement to show a triable issue; Settlement agreement – personal undertaking binds signatory as proper party; Evidence – documentary proof of payment must be credible and show payment to claimant.
 12 April 2005
Robert Mwesigwa and Anor v Bank of Uganda (HCT-00-CC-CS 588 of 2003) [2005] UGCommC 10 (5 April 2005)
A struck-out plaint may be refiled; res judicata does not apply where earlier matter was not decided on the merits.
Civil procedure – res judicata – prior plaint struck out does not bar re-filing; O.7 r.11(a) and O.7 r.13 CPR; Section 6 CPA – pending related suit against different defendant does not automatically require stay; Financial Institutions Statute s.49 – protection against suits unless bad faith alleged; consolidation under O.10 r.1 CPR as appropriate remedy.
 5 April 2005