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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
5 judgments
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5 judgments
Citation
Judgment date
March 2011
Hima Cement Ltd v Cairo International Bank Ltd (Civil Suit No. 13 of 2002) [2011] UGCommC 16 (23 March 2011)
Oral evidence to prove a misdescription of an addressee on a unilateral offer letter is admissible; sections 91–92 do not bar it.
Evidence Act ss.91–92 – exclusion of oral evidence – best-evidence rule – scope limited to terms of contracts, grants or dispositions of property; Parol evidence – distinction between bilateral agreements and unilateral documents (letters of offer); Misnomer/misdescription – admissibility of oral evidence to prove identity of addressee and justify amendment/rectification; Rectification/amendment not prerequisite to admitting evidence on identity; Admissibility – whether admission prejudices opposing party.
 23 March 2011
Shumuk Investments Ltd. v Noble Builders (U) Ltd. & 2 Ors. (Civil Appeal No. 24 of 2010) [2011] UGCommC 17 (23 March 2011)
Plead value may be used for taxation, but taxing officers must explain their reasoning; excessive instruction fees reduced.
Costs – Taxation of advocates’ bills – value of subject matter may be taken from pleadings; Taxing officer must state reasons and thought process when varying scale fees; Instruction fees may be reduced where matter did not go to trial and work/time/responsibility do not justify claimed fees; Disallowance of items subsumed by instruction fee; Appeal relief reducing taxed amounts and apportioning costs.
 23 March 2011
U-Turn Services Ltd v Mugisha Frank (Civil Suit No. 2 of 2011) [2011] UGCommC 12 (12 March 2011)
Court ordered an originating summons to issue for foreclosure, finding the affidavit and annexures sufficient under Order 37 r.8(2).
Civil procedure – Originating Summons – Order 37 r.8(2) – sufficiency of affidavit and annexures to invoke Originating Summons. Mortgage law – foreclosure procedure – application by mortgagee for foreclosure and sale where mortgagor in default. Evidence – registration of mortgage on title as supporting document for foreclosure proceedings.
 12 March 2011
Payless Super Market Ltd v Dembe Trading Enterprises Ltd (Miscellaneous Application No. 101 of 2011) [2011] UGCommC 204 (11 March 2011)
Registrar’s order to deposit a director’s passport cannot be challenged in this application; challenge must follow the Registrar appeal procedure.
Civil procedure – Registrar’s orders under Order 40 – appeal procedure under Order 50/Order 44 and section 79 Civil Procedure Act; Oaths Act – form of oath versus affirmation – absence of evidence of religious belief; Order 25 R.6 – recording satisfaction or compromise of suit; inherent powers under Judicature Act not available to override procedural appeal routes.
 11 March 2011
Pearl Impex (U) Ltd & 2 Ors v Attorney General of Uganda & Anor (Civil Suit No. 3 of 2011) [2011] UGCommC 205 (9 March 2011)
Whether originating summons may be used to interpret Investment Code Act s.10 and challenge permits/licenses issued without BOU certificate.
Civil procedure – Order 37 Rule 6 – scope of "written instrument" – originations summons appropriate for interpretation of statute where facts undisputed; Administrative law – enforcement of Investment Code Act s.10 – requirement of Bank of Uganda certificate for foreign traders; Locus standi – aggrieved trader and public interest in enforcement; Statutory notice compliance.
 9 March 2011