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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
September 2012
Grofin East Africa Fund LLC & Anor v Joan Traders & Anor (Civil Suit No. 268 of 2008) [2012] UGCommC 119 (21 September 2012)
Loan transaction frustrated by seizure/condemnation of stock; principal recoverable but no entitlement to further interest; costs each party.
* Contract law – frustration – effect where goods purchased with loan capital are impounded/condemned, preventing the business from producing profits. * Banking/loan agreements – deed of accession and co‑financing: rights to interest depend on contract terms and underlying commercial viability. * Remedies on frustration – recovery of principal (Fibrosa) where consideration has wholly failed; loss of entitlement to future interest. * Civil procedure – importance of pleading and adducing evidence for a frustration defence, but court may infer facts from admissions and documentary record.
 21 September 2012
Ken Group of Companies Ltd v Standard Chatered Bank (U) Ltd & 2 Ors (HCT-00-CC-MA 116 of 2012) [2012] UGCommC 120 (21 September 2012)
Consent judgment upheld; no sufficient grounds (fraud, collusion or material misapprehension) to set it aside; application dismissed with costs.
Civil procedure – Consent judgment – setting aside only for fraud, collusion, illegality or misapprehension of material facts; Consent judgment operates as binding contract and estoppel; Audit appointed under consent — auditors’ defects challengeable under their terms of appointment but do not by themselves vitiate consent decree; Order 46 CPR limited in application to consent decrees; Remaining reliefs and res judicata to be determined in main suit.
 21 September 2012
Meta Products (U) Ltd v Centuar Pharmaceuticals Pvt Ltd (Civil Appeal No. 6 of 2009) [2012] UGCommC 121 (21 September 2012)
Registrar wrongly dismissed expungement application without proof of service or affording a hearing; appeal allowed.
* Trade marks – application to expunge a registered mark – service of counterstatement and statutory declaration – duty of Registrar under rule 49 to forward counterstatement – proof of service required (affidavit/acknowledgement). * Procedural fairness – right to be heard under section 43 Cap 217 and rule 103 SI 217-1 – hearing notice under rule 54(1). * Trademarks Rules 48–57 apply mutatis mutandis to rectification/removal applications and must be modified in practice; dismissal for non-prosecution improper without verifying service.
 21 September 2012
Otaok v Equity Bank (U) Ltd (Civil Suit No. 335 of 2010) [2012] UGCommC 122 (21 September 2012)
Lessor who issues a seven‑day demand cannot immediately repossess and sell without being estopped; lessee awarded limited damages.
* Finance lease – repossession and sale of leased asset – effect of demand notice – election, waiver and estoppel bar immediate exercise of power to repossess when lessor gives a seven‑day demand. * Wrongful/procedural termination – damages limited to losses up to termination; future earnings not recoverable where lessee was in default. * Remedies – limited general damages for breach of notice; lessor entitled to arrears demanded but not post‑sale interest or additional income.
 21 September 2012