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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
2 judgments
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2 judgments
Citation
Judgment date
July 2009
Bank of Africa Uganda Ltd v Clive Mutiso & 4 Ors (HCT-00-CC-CS 152 of 2007) [2009] UGCommC 54 (27 July 2009)
Applicant recovered funds after court found the bank draft counterfeit; first and second respondents liable; veil lifted for fourth respondent.
Banking law – forged bank draft – dishonour and substitute cheque (US practice) – money had and received – unjust enrichment; Fraud – false representation and requisite guilty knowledge; Lifting corporate veil where company incorporated and used to receive proceeds of fraud; Remedies – repayment, injunction, interest and costs; Advocate’s liability – negligence insufficient to establish fraud.
 27 July 2009
Bank of Africa v Clive Mutiso & 4 Ors. (HCT-00-CC-CS 152 of 2007) [2009] UGCommC 53 (27 July 2009)
Bank recovers funds paid on a counterfeit draft; primary defendants fraudulent; veil pierced for one company.
Banking law – Dishonoured counterfeit foreign draft – Evidence of dishonour by correspondent bank (swift, remittance advice, substitute cheque); Money had and received – quasi-contractual restitutionary claim where consideration fails; Fraud – false representation on land ownership and source of funds establishing guilty knowledge; Lifting corporate veil – piercing for a company incorporated to receive proceeds of fraud; Remedies – recovery of decretal sum, interest, injunctions, dismissal of claims and counterclaim; Costs order – parties to bear own costs save specified order.
 27 July 2009