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.

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Plot 14, Lumumba Avenue, Nakasero.

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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html

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10 judgments

Citation	Judgment date
May 2011
Specioza Kalungi & 61 Ors v Attorney General & Anor (HCCS 63 of 2008) [2011] UGCommC 37 (26 May 2011) Creditors’ PERD claims dismissed: no divestiture proceeds existed and ministerial discretion was not lawfully impugned. Public Enterprise Reform and Divestiture Act – entitlement of proved creditors; requirement that payment derive from divestiture proceeds deposited into the divestiture account; ex gratia payments are discretionary and do not by themselves found a cause of action; limitation – divestiture process may delay or affect running of limitation periods; corporate status – DRIC is not a juristic person and cannot be sued; remedy – alleged administrative wrongs may require judicial review/mandamus, not necessarily a plenary claim.	26 May 2011
Cooper Motors Corp. (U) Ltd v. Blue Executive Bus Services Ltd (HCCS 9 of 2011) [2011] UGCommC 36 (22 May 2011) Interlocutory judgment for unpaid hire-purchase balance confirmed; 12% contractual interest, US$16,000 general damages, costs, limited to guarantors who signed. Commercial/hire-purchase – recovery of unpaid purchase price where goods partly returned and others untraceable – confirmation of interlocutory judgment and monetary relief.* Interest – contractual handwritten rate applied (12% p.a.) on outstanding sum; separate interest on general damages (4% p.a.).* Remedies – return of goods impracticable where whereabouts unknown, monetary award appropriate.* Guarantees – judgment enforceable only against defendants who signed the guarantee.	22 May 2011
Bainomugisha v DFCU Bank Ltd (Civil Suit No. 518 of 2007) [2011] UGCommC 206 (20 May 2011) Applicant’s role and personal guarantee amounted to spousal consent; mortgage upheld and claim dismissed. Land law – s.39 Land Act (pre‑2004) – restrictions on transfer/mortgage of family land; power of attorney – limits of delegation; corporate personality – directing mind doctrine; personal guarantee and inferred consent; equitable prevention of fraud by veil of incorporation.	20 May 2011
Uganda Crop Industries Ltd v Uganda Revenue Authority (HCCS 5 of 2009) [2011] UGCommC 38 (19 May 2011) Originating summons under repealed judicial-review rules held a nullity; judicial review premature where statutory tax remedies exist; agency notice revoked. • Civil procedure – commencement of judicial review proceedings – effect of proceeding under repealed judicial-review rules – fundamental defect vs. curable formality. • Administrative law – availability of judicial review where statutory alternative remedies exist – Tax Appeals Tribunal remedy; prematurity of judicial review. • Tax law – validity of third-party agency notice under section 106 where an assessment is in dispute; duty to consider objection and rights under section 99(7). • Interpretation Act – commencement and effect of repeal of statutory instruments; transitional effect on pending matters. • Equitable considerations – waiver and requirement to pay 30% deposit under section 103(2) and whether waiver occurred.	19 May 2011
Complant Engineering & Trade Ltd v Joseph Kironde (HCT-00-CC-MA 172 of 2011) [2011] UGCommC 96 (16 May 2011) Application to reopen closed case for handwriting expert denied for lack of justification and undue delay. Commercial procedure – application to reopen closed case to call handwriting expert – no court order or scheduling agreement for expert referral – failure to justify delay – inherent powers and substantive justice – application dismissed with costs.	16 May 2011
Kisawuzi v Kayondo (Miscellaneous Application No. 045 of 2011) [2011] UGCommC 2010 (11 May 2011) Conditional leave to defend a summary suit was granted where the defendant raised borderline triable issues relating to a cheque and agreement. Civil procedure – application to set aside ex parte judgment – summary suits based on negotiable instruments – service of summons – triable issues – conditional leave to defend – effect of agreement and cheque as security – requirements for raising a bona fide defence.	11 May 2011
Concorp International (U) Ltd v Uganda Muslims Supreme Council (HCT-00-CC-CS 318 of 2002) [2011] UGCommC 102 (10 May 2011) Whether the respondent’s written acknowledgment revived the applicant’s otherwise time‑barred contract claims and whether filing fees were paid. Limitation of actions – accrual and written acknowledgment under Limitation Act (sections 2(4), 22 and 23) – reviving otherwise time-barred contractual claims; accrual dates for retention and extensions; periodic claims (monthly arrears) and limitation; court filing fees – reassessment and requirement to top up before proceeding.	10 May 2011
Stanbic Bank (U) Ltd v New Makerere Kobil Station Ltd (HCMA 565 of 2010) [2011] UGCommC 44 (10 May 2011) Attachment before judgment cannot prejudice a lessor's ownership; bus released from attachment. Civil procedure — Attachment before judgment — Order 40 rule 8 — Investigation of third-party claims; Release from attachment under Order 22 rules 55–57; Possessory rights — Lessee cannot sell lessor's chattel without authority; Lien requires possession; Delay/estoppel in seeking relief.	10 May 2011
Grofin East Africa Ltd & Anor v Joan Traders Ltd & Anor (HCCS No 268 of 2008) (HCCS 268 of 2008) [2011] UGCommC 39 (9 May 2011) Court entered judgment on admissions: 740M loan at 22%; outstanding balance and licence issue reserved. Commercial law – Judgment on admissions (Order 13 r.6 CPR) – Loan agreement UGX 740,000,000 at 22% – Co‑financing 50/50 – Security by land – Deed of guarantee – Outstanding balance to be reconciled or determined by auditor/referee – Effect of lack of money‑lenders licence reserved for trial.	9 May 2011
Mbale Resort Hotel Ltd v Babcon Uganda Ltd (HCMA 265 of 2010) [2011] UGCommC 43 (2 May 2011) Court partially set aside arbitral award for unproven special damages and for punitive general damages (errors of law). Arbitration — Setting aside arbitral award under s.34 ACA — scope of judicial review; application of contractual terms by arbitrator (Clauses 23,24,30); discretion to appoint experts; unproven special damages; punitive general damages v. compensatory damages — parts of award set aside.	2 May 2011