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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
July 2005
Ready Agro Suppliers Ltd and Ors v Uganda Development Bank Ltd (HCT-00-CC-MA 379 of 2005) [2005] UGCommC 44 (21 July 2005)
Application for leave to defend dismissed for insufficient, untimely affidavits and failure to particularise a triable defence.
Commercial law – leave to appear and defend – Order 33 Rule 4 CPR – requirement to particularise whether defence goes to whole or part of claim; counterclaim/set-off – burden to plead and evidence; loan agreements – interpretation of ‘‘internal transportation’’ and limits of facility; admissibility/timing of affidavits supporting applications.
 21 July 2005
Digitek Advertising Ltd v Corporate Dimensions Ltd Final Draft Ruling (HCT-00-CC-MA 424 of 2005) [2005] UGCommC 43 (20 July 2005)
Temporary injunction to enforce an exclusive outdoor‑advertising contract refused; damages and status quo concerns prevail.
Interlocutory injunctions — requirements: serious question to be tried, irreparable harm, balance of convenience; Outdoor advertising as protected freedom of speech and expression; exclusivity agreements limiting media use must meet constitutional justification; damages may be adequate remedy; injunction must preserve status quo.
 20 July 2005
Gaba Beach Hotel Ltd v Cairo International Bank Ltd (HCT-00-CC-MA 10 of 2005) [2005] UGCommC 41 (14 July 2005)
Taxing master failed to tax the bailiff’s bill; auctioneer not entitled to sale fees where no sale occurred, remit for proper taxation.
• Civil procedure – execution and attachment – conditional stay of execution – expiry of 45‑day period and issuance of fresh execution. • Court bailiffs/auctioneers – entitlement to fees – no entitlement to sale commission where no sale completed; entitlement limited to reimbursement and remuneration for services under Court Bailiffs Rules (S.I. No.64 of 1987 as amended). • Taxation procedure – taxing master must tax the bill and issue a certificate of taxation; failure to do so requires remit for proper taxation. • Possession of certificate of title by judgment creditor does not in itself prevent issuance of execution warrant.
 14 July 2005
Gakou and Brothers Enterprises Ltd v SGS Uganda Ltd (HCT-00-CC-MA 431 of 2005) [2005] UGCommC 42 (14 July 2005)
Order 1 Rule 10(2) permits joinder for complete adjudication but does not allow compulsory substitution of a defendant absent necessity.
Civil procedure – Order 1 Rule 10(2) CPR – misjoinder and non-joinder of parties; joinder by court for effectual adjudication; substitution of defendants; dominus litis; necessity to join party; application dismissed for lack of necessity.
 14 July 2005
African Textile Mill Ltd (in liquidation) v Co-operative Bank Ltd (in liquidation) (HCT-00-CC-CS 20 of 2005) [2005] UGCommC 39 (13 July 2005)
A secured creditor may enforce its mortgage during voluntary liquidation; the company’s application was procedurally defective and dismissed.
Companies Act s.305 – standing to apply (liquidator/contributory/creditor); secured creditor’s election to stand outside winding up; mortgagee’s right to possession and power of sale in voluntary winding up; mortgagee’s duty to obtain proper price and liability for negligence; distinction between compulsory and voluntary winding up stays.
 13 July 2005
Ruling in Kilembe Mines Ltd v BM Steel Ltd (HCT-00-CC-MC 2 of 2005) [2005] UGCommC 40 (13 July 2005)
Arbitral award set aside for evident partiality and denial of applicant’s opportunity to present key evidence.
Arbitration – setting aside award – evident partiality and denial of opportunity to present case; conflict between conciliation and arbitration; procedural timeliness under s.34(3) ACA; ministerial interference vs corporate autonomy.
 13 July 2005
National Bank of Commerce Ltd v Saad Trading Co (HCT-00-CC-CS 496 of 2003) [2005] UGCommC 38 (11 July 2005)
Mortgagee must take reasonable care to obtain market value; bank’s negligent sale reduced recoverable balance to Shs.3,002,572.
Mortgagee’s duty of care in exercise of power of sale; adequacy of advertisement and description; need for re-valuation and competitive sale; measure of recovery for negligence in realising security; application of Cuckmere principles.
 11 July 2005
Busongora Development Association Ltd v Centenary Rural Development Bank Ltd (HCT-00-CC-CS 48 of 2004) [2005] UGCommC 37 (8 July 2005)
Bank negligent for paying out on a forged cheque; customer entitled to refund, interest and costs.
Banking law – forged cheque; banker’s duty of care – verification where suspicion arises; Bills of Exchange Act s.59 – limits to banker’s protection; employer liability and customer’s own negligence.
 8 July 2005