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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
4 judgments
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4 judgments
Citation
Judgment date
October 2009
Betuco (U) Ltd and Anor v Barclays Bank (U) Ltd & Anor (HCT-00-CC-MA 507 of 2009) [2009] UGCommC 48 (29 October 2009)
Leave to appeal granted on whether counsel can compromise without specific instructions and on confidentiality/binding effect of mediation consents.
Civil procedure – Leave to appeal under Order 44 r1(2) – prima facie serious question of law; Advocate’s ostensible authority – power to compromise matters while acting for a client; Mediation – Judicature (Commercial Court Division) Mediation Rules, 2007 r21 – confidentiality of mediation communications; Consent judgments – setting aside and admissibility of mediation wishes; Public interest in appellate guidance.
 29 October 2009
Paulo Makumbi and 3 Ors v Louis Ntale and 3 Ors (HCT-00-CC-MA 104 of 2009) [2009] UGCommC 49 (29 October 2009)
Temporary injunction granted to protect derivative-company interests in specified Nateete land pending trial.
Commercial law – interim injunction – preservation of status quo pending trial; derivative action by minority shareholders – locus to sue on behalf of company; procedural irregularity in jurat – curable under Article 126(2)(e); prima facie fraud and bona fide purchaser issues require full trial; irreparable harm and balance of convenience in land disputes.
 29 October 2009
Foods and Beverages Limited v Attorney General (Civil Suit No. 542 of 2001) [2009] UGCommC 160 (14 October 2009)
The court adjudicated financial claims and counterclaims arising from consignment clearing and forwarding services.
Contract – Clearing and forwarding – Determination of due financial claims and counterclaims following privatization.
 14 October 2009
Kaykay Electronics Sales & Service Ltd v Hitech India (U) Ltd (Civil Suit No. 94 of 2006) [2009] UGCommC 27 (7 October 2009)
Defendants held liable to refund security deposit evidenced by cheque; first defendant kept as party despite separate legal personality.
Commercial law – distributorship/security deposit – validity and effect of a cheque as receipt; corporate personality and agency – when a company is a cloak for its director; remedies – repayment, general damages, interest and costs.
 7 October 2009