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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.

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Plot 14, Lumumba Avenue, Nakasero.

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

7 judgments

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7 judgments


February 2012
Liberty Construction v Attorney General (HCT-00-CC-MA 24 of 2012) [2012] UGCommC 12 (29 February 2012) Court refused stay, holding the on‑demand bond autonomous and enforceable and dismissing the restraint application. Civil procedure — Stay of execution pending appeal — Requirement of likelihood of success and irreparable harm rendering appeal nugatory Contract — Performance/demand bond — Autonomy and enforceability of on‑demand bonds according to their terms Civil procedure — Third‑party payer/insurer — Court cannot restrain receipt of payment where insurer is not party to proceedings	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 for missing proceeds and defendant’s commission counterclaim failed for lack of strict proof; both dismissed. Commercial law — Agency and accounting — Claim for unpaid proceeds and commission — Requirement for specific pleading and strict proof of special damages Evidence — Documentary and extraterritorial evidence — Weight of foreign police reports and local testimony where authors are unavailable — Assessment on balance of probabilities — Expert handwriting comparison — Inconclusive signature variation insufficient to prove forgery	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 stolen cargo where exclusion clause was not proved incorporated; third party must indemnify carrier. Contract/Commercial law — Carriage of goods — Carrier liability for loss and incorporation of exemption clause by electronic communication Evidence — Electronic records — Authentication and admissibility of emails under the Electronic Transactions Act 2011 Contract — Third‑party indemnity and insurance — Construction of indemnity clause and effect of insurance limits on contractual liability	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) Use of a similar trade name and logo amounted to trademark infringement and passing off, warranting injunction and damages. Intellectual property — Trade mark infringement — Use of a similar logo and trade name likely to deceive or cause confusion — Trade Marks Act (Cap.217) prior law Passing off — Goodwill and misrepresentation — Whether defendant’s name/logo misleads the public — Reckitt & Colman test Company law — Corporate personality — Director not personally liable for company’s acts	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) Judgment against a principal debtor does not automatically bar a separate action against guarantors. Civil procedure — Res judicata — Whether judgment against principal debtor bars subsequent claim against guarantors — Civil Procedure Act s.7 Commercial law — Guarantees — Nature and enforceability — Whether guarantor liable notwithstanding prior judgment against principal debtor	9 February 2012