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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
7 judgments
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7 judgments
Citation
Judgment date
September 2005
Kajoba George William & Ors v Stephen Kisitu & Anor (HCT-00-CC-OS 5 of 2005) [2005] UGCommC 54 (30 September 2005)
Deposit of title creates an equitable mortgage entitling repayment, charge, access and sale if defendants default.
Equitable mortgage — deposit of title as security; Originating summons under Order 34 r.3A CPR for mortgage enforcement; Proof of loan terms and interest accrual; Ex parte hearing after substituted service; Right of charge, access to land and sale by private treaty on default.
 30 September 2005
Mbale United Transporters Ltd v Town Clerk, Mbale Municipal Local Goevernment Council and Anor (HCT-00-CC-CS 267 of 2004) [2005] UGCommC 55 (30 September 2005)
A contractual break clause validly terminated the agreement, but the Town Clerk’s procedurally irregular conduct warranted repayment of an advance; claimed special damages were unproven.
Contract law – break clause – termination by one month’s written notice; Public procurement and corporate governance – applicability of PPDA and Local Government Act to public contract terminations; Procedural irregularity versus unlawful interference; Proof of special damages — requirement of specific, reliable evidence; Restitution of undocumented public advance; Remedies — refusal of declarations/injunction/specific performance, ordering tendering and repayment.
 30 September 2005
Samwiri Kibuuka v Eriya Lugeya Lubanga (High Court Miscellaneous Application No. 656 of 2005) [2005] UGCommC 56 (30 September 2005)
A defective affidavit failing to distinguish knowledge and belief defeats an application to reinstate closed proceedings.
Civil procedure – Notice of Motion – Order 48 (Motions) vs Order 6 r.1(b) – affidavit sufficiency; Affidavits – must distinguish facts within deponent’s knowledge from matters on information and belief (Order 17 r.3(1)); Defective affidavit fatal to application; Citation of legal provision may be merely technical.
 30 September 2005
Elizabeth Muganza and Ors v Ecumenical Church Loan Fund Ltd (HCT-00-CC-MA 177 of 2005) [2005] UGCommC 52 (28 September 2005)
Vague, unparticularised denials and an unauthorised non‑party affidavit do not raise a triable issue to resist summary judgment.
Summary judgment – application for leave to appear and defend – sufficiency of affidavit to raise triable issue – necessity of particulars under Order 33 Rule 4 – inadmissibility of affidavit by unauthorised non‑party – distinction from Photo Focus decision.
 28 September 2005
Ndawula OMJ v Akwata Empola Bakery Ltd (HCT-00-CC-MA 490 of 2005) [2005] UGCommC 53 (28 September 2005)
Court released an attached vehicle after owner proved title and the judgment debtor admitted it belonged to the applicant.
Execution – Attachment of property – Ownership v possession; Attachment of vehicle allegedly used by judgment debtor but owned by third party; Release of attached property where ownership established; Direction for handling of deposited funds; Costs – each party to bear own costs; Right of owner to seek redress against person who handed over the vehicle.
 28 September 2005
Infotech Systems Ltd v Raps U Ltd (HCT-00-CC-MA 545 of 2005) [2005] UGCommC 51 (7 September 2005)
Advocate’s diary mistake insufficient; applicant must seek leave and show merits to set aside decree.
Civil procedure – setting aside decree under Order 33 Rule 11 – defendant must show reasonable excuse for default and disclose a prima facie defence; simultaneous application for leave to appear and defend is ordinarily required; advocate’s mistake alone insufficient to vacate decree.
 7 September 2005
Ecumenical Church Loan Fund (U) Ecloff v John Bwiza and Anor (HCT-00-CC-CS 614 of 2004) [2005] UGCommC 50 (2 September 2005)
Pre‑incorporation contract and money‑lender illegality raise factual issues; objections overruled and matters ordered for determination on evidence.
Company law – pre‑incorporation contracts – unenforceability by company but subsequent acknowledgement/novation can create independent cause of action; Money Lenders Act – definition of 'money lender' and effect of being unlicensed; Public policy/illegality (ex turpi causa) – fact‑dependent application; Civil procedure – when points of law should be decided or left for evidence.
 2 September 2005