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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
4 judgments
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4 judgments
Citation
Judgment date
June 2011
Bifra Investments Ltd v Rom East Africa (U) Ltd (HCCS 120 of 2009) [2011] UGCommC 55 (29 June 2011)
Plaintiff failed to prove claimed USD special damages; court awarded Shs.5,000,000 nominal damages, offsetting excess payments.
Contract — subcontract for erection of sites — performance and completion — payment terms (20% down, 80% on PAC) — proof of special damages — foreign‑currency conversion of payments — reliance on documentary evidence — nominal damages — costs.
 29 June 2011
M.M Sheikh Dawood v Keshwala & Sons (Civil Appeal No. 14 of 2009) [2011] UGCommC 54 (29 June 2011)
Failure to serve the notice of motion in a trade mark appeal rendered the appeal incompetent and led to it being struck out.
* Trade Marks Act/Rules – appeal by notice of motion – requirement to serve appeal documents on opponent – timelines. * Civil Procedure Rules – application of Order 52 (originating motions) and Order 43 provisions by analogy where Trade Marks Rules are silent. * Service of process – notice essential to fair hearing; failure to serve may render proceedings incompetent. * Relief – dismissal/striking out under Order 52 rule 4 for insufficient notice.
 29 June 2011
Testimony Motors Ltd. v Commissioner Customs Uganda Revenue Authority (Civil Suit No. 4 of 2011) [2011] UGCommC 47 (23 June 2011)
High Court declines to interpret EAC Customs Act provisions affecting uniform regional application; matters should go to East African Court of Justice.
* Regional / Treaty law – East African Community Customs Management Act – status as community instrument prevailing over national law; interpretation requiring uniform application to be handled by East African Court of Justice. * Jurisdiction – limits of national courts: enforcement vs. interpretation of regional treaty law. * Procedure – appropriateness of originating summons when interpretation impacts Partner States' uniform application.
 23 June 2011
Vitafoam (U) Ltd v Euroflex Ltd (Civil Suit No. 438 of 2009) [2011] UGCommC 45 (1 June 2011)
Alleged continuous passing-off and trade mark infringements can give rise to fresh causes, so limitation objection dismissed.
Limitation Act – section 3(1)(a); Civil Procedure Rules Order 17 r.6(1)-(2) – dismissal for want of prosecution and fresh suits; Passing off – nature of tort and elements; Trade mark infringement – statutory monopoly and continuing breaches; Continuous torts – successive causes of action and accrual of limitation; Pleading requirements – Order 7 r.1(e) and r.6.
 1 June 2011