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

11 judgments

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11 judgments

Citation	Judgment date
December 2013
Alpha Gama Engineering Enterprises Led v Attorney General (HCT-00-CC-CS 438 of 2010) [2013] UGCommC 213 (19 December 2013) A contract variation does not override a payment-by-certificate regime; recovery is limited to amounts certified unless dispute procedure is pursued. Contract law – construction contract – variation approved by employer authority – payment governed by Project Manager’s certificates – final certificate binding – contractual dispute resolution (adjudication) required – VAT entitlement – assessment of special and general damages and interest.	19 December 2013
Kakumba v Kobil (U) Ltd (HCT-00-CC-CS 98 of 2010) [2013] UGCommC 215 (19 December 2013) An expert report under a consent order is binding; the applicant awarded contractual and general damages. Civil procedure – Consent order – Binding effect of an expert determination agreed by parties and made the subject of a consent order; adoption of expert report as basis for judgment. Evidence – Burden on counterclaimant to prove reduction in construction costs; absence of evidence defeats counterclaim. Damages – Compensation for breach of contract: general damages awarded for deprivation of contractual monies for several years. Interest – Discretionary award; court may refuse contractual high rate and award court rate from filing until payment.	19 December 2013
Engola v Patel (HCT-00-CC-MA 93 of 2013) [2013] UGCommC 211 (18 December 2013) Application to set aside judgment denied: applicant found served, participated, and liable as loan guarantor. Civil procedure – application to set aside judgment under S.98/Civil Procedure Act and O.36 r11, O.52 r1&3 – service of process; evidence of participation in proceedings; law of guarantees – effect of guarantor’s signature and liability; credibility of affidavit evidence; whether to grant leave to appear and defend.	18 December 2013
Nagemi v Ssemakula (Civil Suit No. 8 of 2013) [2013] UGCommC 212 (18 December 2013) Originating summons dismissed where factual disputes and enforceability issues require trial, not summary determination. Civil procedure – Originating summons (Order 37) – inappropriate where disputed questions of fact and enforceability exist; distinction between construction of instrument and factual disputes; Order 37 r.6, r.8 & r.11; necessity of ordinary suit for contested factual issues.	18 December 2013
Africa 1 Tours and Travel v Attorney General (HCCS 266 of 2012) [2013] UGCommC 209 (12 December 2013) Whether only ten vehicles were procured and liability for unfair procurement; modest damages, interest and costs awarded. Public procurement – formation of contract under PPDA Act and Regulations – provisional letter of bid acceptance; Administrative oversight – PPDA investigative report admissible and establishes unfair or discriminatory procurement practices; Remedies – assessment of damages requires adequate proof of loss; Interest and costs – court discretion under Civil Procedure Act.	12 December 2013
Amanyire v Rukoma SACCO Anor (HCT-00-CC-CS 215 of 2012) [2013] UGCommC 210 (12 December 2013) Plaintiff proved UGX 80,800,000 in written loans; SACCO held vicariously liable and ordered to pay principal plus 6% interest. Contract and credit – Written loan acknowledgements – Proof of indebtedness – Vicarious liability – Acts of general manager binding the SACCO – Allegations of fraud and unconscionable interest require strict proof – Remedies: principal, interest and costs.	12 December 2013
Senana Investments Ltd v GKO Medicines Ltd (HCT-00-CC-MA 625 of 2013) [2013] UGCommC 207 (10 December 2013) Ex parte judgment set aside where substituted newspaper service was ineffective as defendant was abroad; leave to defend granted. Civil Procedure – Order 9 r.12 – Setting aside ex parte judgment – Court’s unfettered discretion; Substituted service – Publication in newspaper – Effectiveness where defendant absent abroad; Service on corporate defendant – notice via officer; Default judgment – Prima facie defence and promptness; Taxation of costs – challenge and effect when judgment set aside.	10 December 2013
Kabagenyi v Fina Bank Ltd (HCCS 710 of 2012) [2013] UGCommC 204 (6 December 2013) Applicant failed to show bona fide triable issues; leave to defend summary suit dismissed and liquidated claim upheld. Summary procedure – leave to appear and defend – requirement to show bona fide triable issue; Mortgage law – invalidity of security does not negate underlying indebtedness on loan instruments; Fraud – substantive particulars required to raise triable issue; Illiterates Protection Act – mandatory verification where illiteracy alleged; Effect of prior sworn admission (bankruptcy petition) on ability to defend liquidated claim.	6 December 2013
Tom bright amooti T/A water beach front v Swift frieght international Ltd (Civil Suit No. 41 of 2012) [2013] UGCommC 217 (6 December 2013) Carrier liable for stolen cargo where foreign terms were not shown and failure to insure did not excuse negligence. Carriage of goods – notice of standard trading conditions – exclusion clauses and foreign company terms are not binding unless brought to the customer's attention and incorporated into the contract. Contract formation – identity of contracting party – admitted contract with local carrier precludes reliance on sister-company terms absent proof of agency and incorporation. Bailment and carriage – onus on carrier to show exercise of reasonable diligence to safeguard goods; theft in custody prima facie imposes liability unless rebutted. Insurance – optional and for the insured’s benefit; failure to insure is not a defence to liability for negligent loss. Damages – measure for non-delivery is replacement value at place and time of delivery; reasonable loss of use may be awarded; interest and costs follow judgment.	6 December 2013
Baingana v SDV Transami (HCT-00-CC-MA 693 of 2013) [2013] UGCommC 203 (4 December 2013) Execution against directors permitted where they control the judgment debtor and no company assets can be found. Company law – corporate veil – execution against directors where company has no attachable assets and directors control company affairs. Civil Procedure – service on corporation – Order 29(2) CPR – service and execution on directors. Execution – propriety of executing against non-party directors where they represent the company’s mind and conceal assets. Procedural remedies – challenge to execution order by non-party directors; dismissal where application unexplained and unopposed.	4 December 2013
Tumusiime v Mulamba (HCT-00-CC-CS 578 of 2012) [2013] UGCommC 202 (3 December 2013) Vendor who sold land to a third party must refund purchase price and pay contracted interest and damages for deceit. Contract – sale of land – vendor’s failure to deliver title and transfer to third party; restitution and unjust enrichment; enforceability of high contractual interest under s.26 CPA; proof of special damages; aggravated/general damages for deceitful conduct; post-judgment interest and costs.	3 December 2013