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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
7 judgments
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7 judgments
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Judgment date
February 2012
Liberty Construction v Attorney General (HCT-00-CC-MA 24 of 2012) [2012] UGCommC 12 (29 February 2012)
Request to restrain enforcement of an autonomous on‑demand bond pending appeal refused; damages deemed adequate remedy.
Civil procedure – Stay of execution – Requirements: likelihood of success on appeal and risk of irreparable prejudice rendering appeal nugatory. Commercial law – Demand/guarantee bonds – autonomy of on‑demand bonds; enforceable according to tenor irrespective of underlying contract. Remedies – Adequacy of damages where loss arises from enforcement of on‑demand bond; insurer not party limits court’s ability to restrain payment.
 29 February 2012
Mutesi In Re-a debtor (Bankruptcy Petition No. 5 of 2011) [2012] UGCommC 180 (28 February 2012)
Presentation of a bankruptcy petition by a debtor constitutes an act of bankruptcy and may attract a receiving order despite lack of assets.
Bankruptcy Act – s.2(1)(f) act of bankruptcy by debtor filing petition; s.4 receiving order; s.10 stay of proceedings; ss.43–44 restriction of execution/attachment; Civil Procedure Act s.40(4) – discharge jurisdiction remains with execution court; arrest/detention does not complete execution.
 28 February 2012
Jas Projects Ltd v Emiru Angose (HCT-00-CC-CS 280 of 2005) [2012] UGCommC 11 (27 February 2012)
Both plaintiff’s claim and defendant’s counterclaim dismissed for failure to strictly prove special damages.
Commercial law – agency under a memorandum of understanding – accounting and remittance obligations; Evidence – burden of proof in civil claims and requirement to strictly prove special damages; Evidence – extraterritorial documents and credibility of conflicting police reports; Forensic handwriting evidence – inconclusive variation; Audit reports – adequacy of source documentation for claims.
 27 February 2012
Dian GF International Ltd v Damco Logistics Ltd & Trantrack (Civil Suit No. 161 of 2010) [2012] UGCommC 10 (26 February 2012)
Carrier held liable for lost cargo; exclusion clause not proved; subcontractor must indemnify; plaintiff awarded US$348,830 plus interest.
• Carriage law – common carrier liability – burden shifts to carrier once delivery and non-delivery proved• Contract law – incorporation of exclusion clauses – notice must be given at contract formation; electronic communications require authentication• Evidence – admissibility/authentication of emails; Electronic Transactions Act 2011 principles applied• Sub-contracting and indemnity – third-party carrier liable under contractual indemnity for loss in its custody• Insurance – asserted policy limits do not automatically limit contractual indemnity absent proof and proper contractual/insurance nexus• Remedies – award of special and general damages, interest, and shared costs (50/50)
 26 February 2012
Standard Signs Uganda Ltd v Fred Leo Ogwang T/a Shandard & Anor (High Court Civil Suit No. 240 of 2006) [2012] UGCommC 9 (23 February 2012)
Court found the defendant company infringed the plaintiff’s business name and registered trademark and ordered injunctions, damages, interest and costs.
Trade marks and business names – trademark infringement – passing off – similarity of name and device – likelihood of confusion; registered trademark advantage over unregistered mark; corporate personality shields director from company liability.
 23 February 2012
Kornark Investments (U) Ltd v Stanbic Bank Uganda Ltd (Civil Suit No. 116 of 2010) [2012] UGCommC 6 (16 February 2012)

Banking law — banker-customer relationship — merchant agreement — identity theft — freezing of account — chargeback liability — contractual fraud — credit card fraud — breach of contract — general damages.

 16 February 2012
Barclays Bank of Uganda v Jing Hong & Guo Odong (Civil Suit No. 35 of 2009) [2012] UGCommC 5 (9 February 2012)
A judgment against a principal debtor does not automatically preclude a separate suit against guarantors under res judicata.
Civil procedure – res judicata (s.7 CPA) – When a prior judgment bars subsequent suit; Guarantee law – nature of guarantor liability as a separate, secondary obligation; Creditor may sue guarantor independently – demand, notice and construction of guarantee are merits issues; Parties and title – requirement that parties be same or claim under same title for res judicata to apply.
 9 February 2012