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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.
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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
3 judgments
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3 judgments
Citation
Judgment date
August 2010
Hansa & Lloyds Ltd and Another v Aya Investments Ltd and Another (HCT-00-CC-CS 857 of 2007) [2010] UGCommC 20 (25 August 2010)
Plaintiffs proved consultancy services and recovered proved unpaid fees, nominal damages, interest and scaled costs.
Contract – consultancy services – whether services rendered and provable by invoices and contemporaneous communications; evidential weight of emails and partial payments; rejection of invoices attributed to third-party auditors absent corroborating witnesses; damages, interest and costs awarded for proven unpaid fees.
 25 August 2010
Wakanyira George David v Kavuya Ben & 2 Ors (HCT - 00 - CC - CS - 560 - 2006) (HCT-00-CC-CS 560 of 2006) [2010] UGCommC 21 (23 August 2010)
Court finds a sale, not a loan; under-declared stamp duty noted but plaintiff’s claims dismissed with costs.
Contract characterization – loan versus sale – burden and nature of documentary proof required. Public policy and illegality – under-declaration of property value on transfer forms/stamp duty implications. Evidence – hostile witnesses and inadmissibility/insufficiency of alleged repayment documents. Remedies – requirement for strict proof of special damages and rent.
 23 August 2010
Hope Mukankusi v Uganda Revenue Authority (HCT-00-CC-CS 438 of 2005) [2010] UGCommC 111 (18 August 2010)
Plaintiff entitled to refund of auction payment and modest general damages, but not private loan interest absent foreseeability or notice.
Sale by auction – completion by fall of the hammer – auctioneer’s failure to deliver entitles buyer to restitution of purchase price. Special damages must be specifically pleaded and strictly proved; loan interest not recoverable where defendant lacked notice – foreseeability (Hadley v Baxendale). General damages for breach of contract compensate for loss of expectation and inconvenience. Duty to mitigate; settlement offers and claimant’s conduct can affect remedy. Interest: commercial transactions may attract commercial bank rates; general damages attract court rate.
 18 August 2010