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.

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Plot 14, Lumumba Avenue, Nakasero.

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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html

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10 judgments

Citation	Judgment date
May 2005
Hardware Deals (U) Ltd v Alam Construction EA Ltd (HCT-00-CC-CS 658 of 2003) [2005] UGCommC 25 (30 May 2005) Applicant failed to prove agent's ongoing authority; respondent not liable for alleged indebtedness. Agency and authority – express vs ostensible authority to bind principal; burden of proof on claimant to prove agent's authority; forged instruments – signature differs; supplier's recourse where third party fraudulently obtains goods.	30 May 2005
Katusiime Elias v Arncy Holdings Ltd (HCT-00-CC-MA 272 of 2005) [2005] UGCommC 24 (23 May 2005) Court granted a temporary injunction preventing sale of mortgaged land pending expedited disposal of the main suit. Civil procedure – Temporary injunction – requirements: preservation of status quo, prima facie case, irreparable injury and balance of convenience. Property law – Mortgage – power of sale and right to realize security without court order when expressly reserved in mortgage. Money Lenders Act (Cap 273) – s.21(1)(c) exemption for transactions secured by legal/equitable mortgage. Land Act (Cap 227) – s.39(1)(a) spouse consent – evidential effect of produced consent. Equitable discretion – injunction granted despite weak merits to prevent rendering suit nugatory; court may impose time limit for disposal of main suit.	23 May 2005
Shell Kasese Services Ltd and Ors v The Cooperative Bank Ltd - (HTC-00-CC-MA 317 of 2005) [2005] UGCommC 23 (18 May 2005) Court granted unconditional leave to defend where conflicting valuations raised triable issue whether security was sold at an undervalue. Commercial law – security for debt – alleged sale of secured property at undervalue – triable issues arising from conflicting valuation reports and area measurements. Civil procedure – leave to defend – when conflicting evidence raises issues requiring trial. Cross-action – damages for sale at undervalue – procedural competence and potential to offset plaintiff’s claim. Orders – unconditional leave to defend; filing of statement of defence within 10 days; costs to abide outcome.	18 May 2005
Haco Industries (K) Ltd v Ddungu FW (HCT-00-CC-MA 253 of 2005) [2005] UGCommC 21 (11 May 2005) Applicant granted four‑month interim injunction restraining respondent from dealing with seized allegedly counterfeit goods; preservation order against non‑party denied. Intellectual property/counterfeiting – interim relief to prevent dealing in allegedly counterfeit goods pending trial; test for temporary injunction (arguable case, irreparable harm, balance of convenience). Preservation/detention of seized goods – court reluctant to bind non‑party where legal status and functions are unclear.	11 May 2005
Britania Allied Industries Ltd v Sunrise Confectionaries Ltd (HCT-00-CC-MA 288 of 2005) [2005] UGCommC 19 (10 May 2005) Temporary injunction granted to restrain alleged trade mark infringement and passing off pending the main suit. Trade mark infringement; passing off; temporary injunction — tests: serious question to be tried, irreparable harm, balance of convenience — respondent's non-attendance considered.	10 May 2005
Edward Mpagi v Kasulu Property Masters Ltd (HCT-00-CC-CS 487 of 2004) [2005] UGCommC 20 (10 May 2005) Plaintiff entitled to refund of a deposited purchase fee after failed land sale; dishonoured cheque, interest and costs awarded. Contract for sale of land – deposit/advance paid as priority/‘advantage’ – failed sale and obligation to refund – issuance of post‑dated cheque and dishonour – notice of dishonour – entitlement to refund, interest (Section 26 Civil Procedure Act) and costs.	10 May 2005
Century Enterprises Ltd v Greenland Bank (in liquidation) (HCT-00-CC-MA 916 of 2004) [2005] UGCommC 18 (9 May 2005) Court held O.33 notices are served under O.5 time limits but granted leave to defend despite late service in interests of justice. Civil Procedure – Order 33 r 4 (leave to appear and defend) – Service of Notices – Order 45 r 2 and Order 5 r 1 applicability – Procedural non-compliance – Court’s discretion under Article 126, Judicature (Amendment) Act and s.98 Civil Procedure Act to overlook irregularity and grant leave to defend.	9 May 2005
In Re: Lukuli Coffee Factory Ltd (HCT-00-CC-CI 11 of 2005) [2005] UGCommC 16 (4 May 2005) Applicant lacked standing and failed to prove it was impracticable to convene the company meeting; application dismissed. Companies Act s.135 – court power to order company meetings where it is impracticable to call meetings by company rules; standing and authorisation to apply (member or director); requirement to prove impracticability; procedural compliance and notice to other members; quorum issues under articles.	4 May 2005
S Mwijakubi and Ors v British American Tobacco Uganda Ltd (HCT-00-CC-MA 298 of 2005) [2005] UGCommC 17 (4 May 2005) Numerical discrepancies do not invalidate properly authorised representative actions where permission and notice have been given. Representative actions – permission to sue in a representative capacity – requirement for publication of notice; representative suits may cover fluctuating or not precisely-ascertained groups; numerical discrepancy between court order and published list not fatal to representative action.	4 May 2005
I G Munaabi v A Sebudde and Anor - (HCT-00-CV-CS 1293 of 1997) [2005] UGCommC 15 (2 May 2005) Registration obtained by fraudulent representations is cancellable; transferee with notice (through agent) cannot claim bona fide purchaser protection. Land law – equitable mortgage: deposit of title and signed blank transfer forms as security, not sale on default. Registration of Titles Act – fraud vitiates registered title; higher civil standard for proving fraud in title cases. Bona fide purchaser – burden on purchaser to prove purchase for value without notice; notice imputed from agent to principal. Relief – cancellation of registration under s.177, reinstatement, damages, return of duplicate title, costs and interest.	2 May 2005