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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
6 judgments
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6 judgments
Citation
Judgment date
July 2013
Sekaziga & Anor v Church Commissioners Holding Company Ltd (Miscellaneous Cause No. 15 of 2013) [2013] UGCommC 135 (31 July 2013)
Court stayed a contested termination-for-convenience and enjoined appointment of replacement consultant to preserve arbitration rights.
Arbitration Act s.6 — interim measures before arbitration; interim injunction principles (American Cyanamid) applied; termination-for-convenience clauses — subject to implied duty of good faith and fair dealing; preservation of arbitral hearing and prevention of rendering arbitration nugatory; limited stay of termination and prohibition on appointing replacement consultant.
 31 July 2013
Arum v Commissioner General Uganda Revenue Authority (Civil Suit No. 264 of 2011) [2013] UGCommC 134 (27 July 2013)
Informer received the correct 10% on recovered tax; additional claims and damages dismissed.
Informer rewards – entitlement limited to tax actually recovered from audited period; PPDA Regulations do not apply to informer awards; timing reasonable given URA procedures and taxpayer instalments; post‑dated cheques presented but dishonoured; travel and punitive damages not recoverable.
 27 July 2013
East Africa Foam Ltd v Attorney General & 2 Ors (Civil Suit No. 292 of 2002) [2013] UGCommC 133 (16 July 2013)
Court dismissed plaintiff’s claim, holding loan/debenture, receivership and sale valid despite name discrepancies.
Property/Commercial law – company name misdescription and locus to sue; loan and facility agreements – enforceability despite foreign borrower issues; estoppel and admissions; validity of debenture and mortgage; Turquand/indoor management rule; receivership powers and sale under debenture; caveat removal – adequacy of notice.
 16 July 2013
Kensington Africa Ltd v Stanbic Bank (U) Ltd & 3 Ors (HCT-00-CC-MA 824 of 2012) [2013] UGCommC 131 (11 July 2013)
Interim stay preserved garnishee order nisi; maintaining debit restrictions was lawful, not contempt; application dismissed with costs.
Contempt of court – Interpretation of interim stay of garnishee proceedings; Effect of garnishee order nisi – creates charge/freeze on funds; Status quo doctrine – interim orders preserve existing attachments; Bank duties – maintain debit restrictions until garnishee order discharged or set aside; Relief – committal and sanctions require established disobedience.
 11 July 2013
Kensinton Africa Ltd v Pankaj Kumar & Anor (HCT-00-CC-MA 687 of 2012) [2013] UGCommC 132 (11 July 2013)
Default judgment set aside for ineffective service; applicant granted unconditional leave to defend due to bona fide triable issues.
Civil procedure – Order 36 r.11 CPR – Setting aside default judgment – Effective service required to produce intended awareness of suit; defective affidavit of service vitiates default judgment. Corporations – Service on a company – compliance with Order 29 r.2 and identification of officer served. Summary judgment/summary procedure – leave to defend granted where bona fide triable issues and plausible defence raised. Procedural irregularities (annexures, extraction date of decree) may be curable and not necessarily fatal.
 11 July 2013
National Drug Authority v Bakiza (Civil Suit No. 34 of 2008) [2013] UGCommC 129 (5 July 2013)
An advocate holding out under a deceased sole proprietor’s business name may be personally liable for unremitted client funds.
Commercial/agency agreement; Business Names Registration Act — liability where business continues under deceased sole proprietor’s name; estoppel from holding out; advocates’ personal liability and vicarious liability for staff; audit evidence as proof of unremitted client funds; counterclaim for taxed costs recoverable by execution, not counterclaim.
 5 July 2013