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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
3 judgments
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3 judgments
Citation
Judgment date
August 2009
Breaker & Partners of Uganda Ltd and Another v Attorney General (Civil Suit 125 of 2008) [2009] UGCommC 162 (28 August 2009)
The applicant cannot enforce a judgment in a new suit while the same matter is pending on appeal.
Civil procedure – lis pendens (Section 6 Civil Procedure Act) – pending appeal bars subsequent enforcement suit; Substitution of parties (Order 24 CPR) – Government liability for Trust obligations on expiry – expiry of a trust does not necessarily abate pending appeal.
 28 August 2009
Cooperative Bank Ltd v Christopher Kisembo & Anor (Civil Suit No. 398 of 2002) [2009] UGCommC 35 (26 August 2009)
Defendants liable for outstanding bank indebtedness; bank entitled to recover debt, interest and enforce lien on securities.
Banking law – banker–customer indebtedness – burden of proof on plaintiff – banker’s general lien over securities deposited – restructuring/renewal letters as evidence – unjust enrichment – discretion to award interest (reduced rate where plaintiff in liquidation).
 26 August 2009
Betuco (U) Ltd & Anor v Barclays Bank of Uganda Ltd & Ors (HCT-00-CC-MA 243 of 2009) [2009] UGCommC 50 (20 August 2009)
A consent judgment from court-ordered mediation is binding and will not be set aside absent fraud, mistake, or similar defect.
* Civil procedure – Consent judgment – enforceability and grounds for setting aside (fraud, collusion, mistake, misapprehension) * Alternative dispute resolution – Mediation Rules – mediator-filed agreements and confidentiality of mediation documents * Authority – signatory’s capacity to bind corporate parties * Evidence – burden to prove mistakes in account calculations * Court fees – non-payment is a remediable procedural defect, not automatic nullity of judgment
 20 August 2009