Commercial Court of Uganda - 2009 January

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6 judgments

Citation	Judgment date
January 2009
Mandela Auto Spares v Marketing Information Systems (High Court Civil Suit No. 258 of 2008) [2009] UGCommC 7 (28 January 2009) The judge disqualified himself to preserve the appearance of impartiality despite finding no actual bias. * Judicial recusal – Alleged bias based on judicial remarks during interlocutory hearing – Whether appearance of justice justifies disqualification even absent actual bias. * Balancing recusal against prejudice and delay to parties. * Judicial duty: ensure both justice is done and appears to be done.	28 January 2009
Jima Properties Ltd v Kampala District Land Board (Civil Suit No. 805 of 2007) [2009] UGCommC 3 (26 January 2009) Claim against land board for defective title dismissed; remedy lies against plaintiff’s professional advisers. • Land law – lease and title – liability for defective title when lessor lacks authority; • Professional negligence – duty of care of conveyancing advisers to verify title and lessor’s authority; • Contract – lease clause making grant subject to land availability and freedom from dispute; • Misrepresentation/fraud – absence of actionable misrepresentation by land board.	26 January 2009
Petro Uganda Ltd v Phenny Mwesigwa (Civil Suit No. 633 of 2004) [2009] UGCommC 20 (21 January 2009) Commercial-dealership dispute: correct dealer margins, quasi-contract breach, awards for unpaid supplies and equipment return. Commercial law – petroleum dealership – dealer margins and credibility of commercial documents; quasi-contract where imperfect written lease acted upon; breach by unilateral termination; release of caveat does not automatically amount to accord and satisfaction; remedies: special damages, equipment return/valuation, nominal damages, interest and costs.	21 January 2009
Setramaco International Ltd v Board of Directors/Headteacher Lubiri Secondary School & Anor (Civil Suit No. 478 of 2005) [2009] UGCommC 22 (19 January 2009) PPDA non‑compliance did not void the contract; payment awarded only for goods proved to conform and be installed. * Public procurement – PPDA Act – non‑compliance does not automatically render a contract unenforceable. * Agency/apparent authority – principal estopped where agent appears authorised. * Sale of Goods Act – implied conditions as to fitness and conformity; ss.34–35 acceptance and examination. * Expert evidence – UNBS technical report on supply and installation. * Remedies – award limited to conforming goods, interest and apportioned costs.	19 January 2009
M/s Akkermans Industrial Engineering v Attorney General (Civil Suit No. 333 of 2004) [2009] UGCommC 23 (18 January 2009) No contractual extension without financier consent; defendant liable on quantum meruit for services it accepted and must pay handling fee, damages, interest and costs. * Contract law – variation clause – requirement of written modification and financier consent (ADB) for contract changes; no valid extension without compliance. * Equitable relief – estoppel cannot override express contractual modification requirements. * Quantum meruit – recipient who accepts services after contract expiry liable to pay reasonable compensation for services and direct costs. * Remedies – adjustment of contractual sum, handling fee (10%) on specific invoices, modest general damages, interest and costs.	18 January 2009
Nsubuga Bosco v Centenary Bank Ltd (Civil Suit No. 38 of 2008) [2009] UGCommC 1 (7 January 2009) Claim for alleged international transfer dismissed for lack of admissible proof, with conditional leave to reissue if satisfactory evidence produced. Banking law – alleged international funds transfer – burden of proof on claimant to show monies left payer’s account and were credited to payee’s account – admissibility and sufficiency of documentary evidence – illegible documents and absence of confirmation from paying bank – dismissal with conditional leave to reissue.	7 January 2009