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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
Citation
Judgment date
October 2013
Attorney General v NIKO Insurance Uganda Ltd (HCCS 240 of 2012) [2013] UGCommC 179 (25 October 2013)
Performance bond payable on demand; defendant failed to prove fraud vitiating the bond, so insurer must pay US$489,650 plus interest and costs.
Performance bond – payable on first written demand – bank/insurer must pay unless clear fraud by beneficiary is proved and known to payor; fraud exception strictly applied; PPDA findings of procurement irregularities are not necessarily fraud; vicarious liability of principal for agent’s fraud depends on proof and whether principal benefited; remedies include payment of bond, interest and costs.
 25 October 2013
Global Trust Bank (U) Ltd v Future Kids (U) Ltd & 3 Ors (HCT-00-CC-CS 320 of 2013) [2013] UGCommC 177 (24 October 2013)
Application for leave to defend summary debt claim dismissed; penal interest clause, defaults and no triable defence established.
Civil procedure – Summary judgment – leave to appear and defend – requirements for showing reasonable grounds and triable issues. Contract law – Loan facility – enforcement of penal interest clause and recalculation of interest. Evidence – default notices and Mortgage Act notice as establishing indebtedness. Force majeure and commercial misfortune not a defence to contractual repayment absent express provision.
 24 October 2013
Trust for Africa's Orphans Uganda 178za (HCT-00-CC-MA 527 of 2013) [2013] UGCommC 178 (24 October 2013)
Applicant failed to prove irreparable harm; injunction to restrain respondent from website/domain control was denied.
• Injunctions – temporary injunction – preservation of status quo; • Requirement of irreparable harm and prima facie case for injunctive relief; • Balance of convenience where doubt exists; • Corporate authority – sanction of suit by Board of Trustees evidenced by minutes and resolutions; • Evidentiary burden regarding ownership/registration of domain names and websites.
 24 October 2013
Baganja & Anor v Nenley Property Developers Ltd (Civil Suit No. 47 of 2012) [2013] UGCommC 174 (18 October 2013)
Once leave to defend is granted, a summary suit proceeds as an ordinary suit and reserved claims (e.g. general damages) may be tried.
Civil procedure — Order 36 (summary procedure) — scope of claims under Order 36 rule 2; unliquidated/general damages excluded from summary relief; effect of granting leave to defend — conversion to ordinary suit; remedy for irregular specially endorsed plaint is to treat as ordinary plaint and grant leave; court powers under Order 36 rules 8 and 10 to give directions on pleadings, issues and trial.
 18 October 2013
National Social Security Fund v Byamugisha (Civil Appeal No. 13 of 2013) [2013] UGCommC 175 (18 October 2013)
A registrar lacks jurisdiction to extend the Advocates Act’s statutory 30‑day appeal period; appeal dismissed as time‑barred.
Advocates Act s.62(1) – statutory 30‑day appeal period – courts/registrars lack inherent jurisdiction to extend time absent enabling statute or rule. Civil Procedure Act s.96 – enlargement of time applies to periods fixed by the court, not to statutory limitation periods. Precedent – Makula International remains authoritative on inability to enlarge statutory time limits; Sitenda Sebalu distinguished.
 18 October 2013
Ken Group of companies Ltd v Standard Chartered Bank (U) Ltd & 2 Ors (Civil Suit No. 486 of 2007) [2013] UGCommC 171 (11 October 2013)
A consent judgment referring accounts to auditors was binding and resolved receivership and account issues, precluding further trial on those matters.
Consent judgment – entered by registrar under Order 50 r.2 – parties’ agreement – reference to auditors – section 27(c) Judicature Act – auditors’ final report binding – lifting of receivership and return/holding of titles – estoppel/contractual effect of consent orders – res judicata (no subsequent suit) – functus officio (not engaged) – execution and enforcement matters fall to Executions and Bailiffs Department.
 11 October 2013
Mawanda & Anor v Kobil Uganda Ltd (Civil Suit No. 350 of 2008) [2013] UGCommC 167 (4 October 2013)
Court held the 24 July 2003 mortgage and lease invalid, ordered cancellation, reconciled accounts and awarded damages and costs.
Property law – mortgage and lease irregular registration – allegations of forgery and photocopy manipulation – forensic reports – validity/enforceability of instruments; Contract/delivery – termination of dealership – notice and damages in lieu of notice; Accountancy – court-appointed audit for reconciliation – counterclaim recovery; Remedies – declarations, cancellation of registered instruments, monetary awards, interest and costs.
 4 October 2013