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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
4 judgments
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4 judgments
Citation
Judgment date
March 2012
valery Alia v Alionzi John (HCCS 157 of 2010) [2012] UGCommC 20 (25 March 2012)
Interlocutory judgment set aside for lack of affidavit of service and failure to publish the plaint with the summons.
Civil procedure – substituted service by publication – Order 9 r5 mandatory affidavit of service – failure renders interlocutory judgment irregular; Order 5 r2 – summons must be accompanied by plaint and prescribed documents in advertisement; Interlocutory judgment – unlawful without proof of service; Contract law – hire/lease payments are liquidated demand.
 25 March 2012
Spear Motors Ltd v Attorney General & 2 Ors (HCT-00-CC-CS 692 of 2007) [2012] UGCommC 18 (18 March 2012)
Court overruled state objections and admitted PAC report, annexures, minutes, press clippings and secondary documentary evidence.
Commercial procedure; admissibility of evidence – public documents and parliamentary committee reports; parliamentary privilege (Article 97) limited to MPs/officers; cabinet minutes and annexures in PAC report admissible as public/secondary evidence; res gestae and newspaper clippings admissible to prove publication; witness statements not evidence until verified on oath.
 18 March 2012
Sun Air Ltd v Nanam Transpet Co Ltd (Civil Suit No. 229 of 2009) [2012] UGCommC 17 (11 March 2012)
A plaint omitting material facts and particulars of alleged misrepresentation fails to disclose a cause of action and is rejected.
Civil procedure – Pleading – Whether plaint discloses cause of action – Mandatory requirement to plead all material facts; Misrepresentation/fraud – particulars required by Order 6 r.3; Letters of credit – documentary attachments do not cure failure to plead why payment was not obtained; Rejection of plaint under Order 7 r.11 for failure to disclose cause of action.
 11 March 2012
Revolutionary Ads & Desidgnes Ltd v Registered Trustees of Nakivubo Memorial Stadium (High Court Civil Suit No. 73 of 2009) [2012] UGCommC 14 (1 March 2012)
Plaintiff failed to prove landlord breached advertising exclusivity; landlord awarded unpaid rent and interest.
Contract – advertising management agreement – interpretation of clauses on existing contracts and reserved/temporary advert spaces; agency obligations – plaintiff’s duty to solicit advertisers and to pay rent; proof of collection by landlord – evidentiary burden; condonation/acquiescence; remedies – rent arrears, pre- and post-judgment interest; procedural – counterclaim form objection overruled.
 1 March 2012