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
March 2013
Uganda South Sudan Grain Traders & Suppliers Association Ltd v Government of the Republic of South Sudan (Miscellaneous Cause No. 17 of 2012) [2013] UGCommC 53 (28 March 2013) An association cannot enforce an interstate MOU in domestic court; members must pursue claims via their government or on their own contracts. Public international/interstate agreements – Memorandum of Understanding between sovereign states – third‑party beneficiary rights and locus standi; Sovereign immunity – restrictive principle for commercial transactions; Civil procedure – jurisdiction under section 15 of the Civil Procedure Act for contracts performed or payable in Uganda; Enforceability – distinction between MOU and judgment; Joinder – role of Attorney General where government represents claimants.	28 March 2013
Sebaduka v Warid (HCT-00-CC-CS 75 of 2013) [2013] UGCommC 52 (27 March 2013) Court refused pre-trial discovery of audited accounts where same relief was sought in the main suit. Civil procedure – Discovery (O.10 r.12) – Premature discovery; documents sought duplicating substantive relief; fishing expedition; technical audit and accounting of telecom promotions; pre-judging merits; production of audited accounts contingent on success in main suit.	27 March 2013
Rajeev Jain & 2 Ors v Kansiime (HCT-00-CC-CS 315 of 2007) [2013] UGCommC 51 (25 March 2013) A partner who accepted a bill in the firm’s name held jointly and severally liable for the unpaid consignment. Commercial law – sale of goods and bills of exchange: liability of acceptor; Partnership law – partners’ joint and several liability for firm debts and negotiable instruments; Evidence – shipping, customs and bank documents as proof of consignee and possession; Bills of exchange – general acceptance treated as cash and prima facie payable; Damages – special damages require strict proof; interest and costs awarded.	25 March 2013
In re: Mujuni Kenneth (Bankruptcy Petition No. 5 of 2012) [2013] UGCommC 46 (15 March 2013) A debtor’s self-petition with a filed statement of affairs mandates a receiving order; stay requires evidence of pending proceedings. Bankruptcy — debtor’s own petition — act of bankruptcy — presentation of petition as act under s.2(1)(f). Bankruptcy — mandatory receiving order — debtor’s petition with filed statement of affairs under ss.4 and 7. Bankruptcy — vesting of estate — Official Receiver appointed under s.8; advertisement under s.12. Bankruptcy — stay of proceedings under s.10 — requires evidence of specific pending actions or executions; application to the court where proceedings are pending.	15 March 2013
Karama Ahmed v Lule (Civil Suit No. 85 of 2010) [2013] UGCommC 47 (15 March 2013) Purported agency agreement unenforceable for lack of proven consideration; no breach established; suit dismissed with costs. Contract/agency – validity of written agency agreement – requirement of consideration and proof of prior payment; parole evidence and admissibility under Evidence Act sections 91 and 92. Evidence – burden of proof on the claimant; need for corroboration of large remittances and receipts. Contracts Act s.20 – agreements without consideration are void except limited exceptions. Remedy – where no valid contract exists, no breach or contractual remedies arise.	15 March 2013
Kencom (U) Ltd v Otada Construction Co. Ltd (Civil Suit No. 60 of 2009) [2013] UGCommC 48 (15 March 2013) Subcontractor breached by delay but entitled to certified payment; contractor awarded offsets and damages, with interest and costs each party bearing own. Contract law – subcontract implementing main contract – timelines of main contract implied into subcontract; time effectively of the essence. Construction law – interim payment certificates – entitlement to payment only for works certified by Employer. Remedies – set-off for overpayment; liability for liquidated damages and assessment of general damages for delays. Evidence – primacy of written subcontract and main contract documents; role of employer’s certification and site inspection records.	15 March 2013
Goodman Agencies Ltd & Anor v Highland Agricultural Export Ltd (HCT-00-CC-MA 364 of 2012) [2013] UGCommC 43 (13 March 2013) Absence of affidavit of service did not defeat jurisdiction where applicant was on notice and defended; dismissal refused. Service of process – Requirement of affidavit of service under Order 5 r 16 – Irregularity of non‑filing – Effect on jurisdiction – Order 9 r 2 irregularity and waiver – Court’s power to prefer substantive justice (Article 126; s.98 CPA; s.33 Judicature Act).	13 March 2013
Sanjay Datta v Okello (HCT-00-CC-CS 81 of 2013) [2013] UGCommC 44 (13 March 2013) Plaintiff awarded unpaid balance, general damages and 6% interest after seller failed to produce title certificate and withheld funds. • Contract — breach by seller failing to produce title certificate; • Remedies — restitution for unpaid balance; • General damages — compensatory award for loss of use where quantum not evidenced; • Remoteness — loss of use proximate under Hadley v Baxendale; • Interest — discretionary, pre‑suit interest only if agreed/statutory; reduced rate appropriate where defendant did not have full use of funds.	13 March 2013
Arinnaitwe v Barclays Bank (U) Ltd & Anor (HCT-00-CC-CS 271 of 2010) [2013] UGCommC 41 (12 March 2013) After mandatory mediation and withdrawal, the court exercised its discretion and ordered each party to bear its own costs. Civil procedure – mediation – whether mediation is a ‘proceeding’ for purposes of discontinuance costs under Order 25 r 1. Mediation Rules – Rule 22 providing each party bears its own mediation costs does not oust court’s discretion under Section 27 CPA. Costs – court’s discretion to allocate costs after withdrawal following mediation; ordering each party to bear own costs.	12 March 2013
Bitagase and Another v Mugambe (Misc. Application No. 470 of 2012) [2013] UGCommC 221 (7 March 2013) Applicants with plausible defences are entitled to unconditional leave to defend a summary suit despite procedural irregularities. Civil procedure – summary suit – application for unconditional leave to defend – procedural irregularities – existence of triable issues – effect of non-compliance with contract formalities and document annexure requirements.	7 March 2013
Nakawa Market Vendors Association v City Council of Kampala (HCT-00-CC-MA 52 of 2013) [2013] UGCommC 39 (5 March 2013) Court allowed substitution of City Council by Kampala Capital City Authority as successor respondent to permit the suit to proceed on merits. Civil procedure – Substitution of parties – Order 1 r.13 CPR, Order 6 rr.19–20 and s.98 CPA – Successor authority substitution where statutory succession transfers assets and liabilities – Ex parte application where respondent absent and no affidavit in reply.	5 March 2013