Skip to document content Skip to main menu Skip to search
background image
profile image

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
6 judgments
Advanced search
All years
Filters
  • Filters
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
March 2009
Nantume Shamira v Kampala City Council & 2 Ors (Civil Suit No. 33 of 2007) [2009] UGCommC 8 (29 March 2009)
Courts held that toddlers and infants lack contractual capacity; forged transfers set aside and council liable for negligent facilitation and punished with damages.
* Contract law – capacity of minors (toddlers/infants) to contract – very young children lack capacity; transactions void and guardians liable as trustees. * Fraud/forgery – handwriting expert evidence establishes forged sale agreements and invalid tenancy documents. * Public law/tort – municipal negligence in recording tenancies; exemplary/punitive damages against public body for arbitrary/oppressive conduct. * Remedies – setting aside forged agreements, restitution of possession, compensatory and punitive damages, liability of guardians for minors' obligations.
 29 March 2009
Ali Ndaula & Anor v R.L Jain (High Court Miscellaneous Application No. 624 of 2008) [2009] UGCommC 15 (19 March 2009)
Applicant’s counsel negligence constituted good cause but absence of a prima facie defence meant application to reinstate was dismissed.
Civil procedure – Set aside of decree under Order 36 r.11 – counsel’s negligence can constitute good cause but reinstatement requires prima facie defence; cause of action – plaint discloses claim where indebtedness acknowledged; jurisdiction – commercial claims in High Court.
 19 March 2009
Nganda Kaweesi v R.L. Jain (High Court Miscellaneous Application No. 512 of 2008) [2009] UGCommC 17 (19 March 2009)
A guarantor may be sued immediately after the principal’s default unless the guarantee makes realization of other securities a condition precedent.
Civil procedure – summary procedure – applicant must show a bona fide triable issue to obtain leave to defend; Guarantees – guarantor’s liability is secondary and arises on principal’s default; Creditor’s discretion – no obligation to realize other securities before suing guarantor unless guarantee makes realization a condition precedent; Condition precedent – must be expressly or clearly implied and pleaded.
 19 March 2009
Akright Projects Ltd v Executive Property Holding (High Court Miscellaneous Application No. 33 of 2009) [2009] UGCommC 10 (10 March 2009)
Payments to individuals or directors do not discharge a company’s consent-order debt; attachment not set aside.
Civil procedure – Consent judgment – Whether payments to individuals satisfy a company’s monetary judgment – Payments to directors/personal accounts not deemed payment to company absent agency or express stipulation (Underwood v Bank of Liverpool). Warrant of attachment – when to set aside – consent order not varied without fraud or fresh consent.
 10 March 2009
Stirling Civil Engineering Ltd v Petro (U) Ltd & 2 Ors (High Court Miscellaneous Application No. 92 of 2008) [2009] UGCommC 4 (8 March 2009)
Local vernacular advertisement is inadequate notice for a public auction; sale set aside and must be re-advertised nationally.
* Commercial execution – sale by bailiffs – adequacy of notice for public auction – advertisement in local vernacular newspaper insufficient. * Procedural fairness – setting aside dismissal for genuine late arrival of counsel. * Remedy – setting aside sale and ordering re-advertisement in national newspapers to ensure transparency and investor confidence.
 8 March 2009
Okello Oryem Alfred & 2 Ors v Akright Projects Ltd & Anor (High Court Miscellaneous Application No. 671 of 2009) [2009] UGCommC 5 (4 March 2009)
Objectors failed to prove attachable interests or bona fide purchase; application dismissed for lack of attachment and proof.
* Civil procedure – attachment of property – objector applications under Order 22 Rules 55–57. * Property law – registration, transfer and caveats – unregistered equitable interests versus registered title. * Conveyancing – bona fide purchaser for value – burden to prove arm’s-length purchase and payment. * Remedies – failure to register/seek caution, negligent conveyancing remedy against conveyancers, not lifting of non-existent attachments.
 4 March 2009