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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.
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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
7 judgments
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7 judgments
Citation
Judgment date
September 2013
Mutungo Women's Cooperative Savings & Credit Society Ltd v Equity Bank (U) Ltd (Civil Suit No. 406 of 2010) [2013] UGCommC 164 (27 September 2013)
Audit under s.27 Judicature Act established only UGX 26,885,000 was disbursed; respondent breached loan agreement but applicant remains partly indebted.
Commercial law – loan and mortgage – section 27 Judicature Act reference to independent auditor – auditors' factual findings adopted by court; banker–customer duties – disclosure of account statements; breach for non-disbursement of approved loan; remedies: declarations, damages, interest; exemplary damages and permanent injunction refused.
 27 September 2013
Lion Assurance v Kasekende Kyeyune & Lutaya Advocates (Miscellaneous Appeal No. 359 of 2013) [2013] UGCommC 157 (16 September 2013)
Taxing Master erred in principle by failing to apply taxation rules; bill set aside and referred for fresh taxation.
Taxation of costs – Advocate/Client bill – Whether items claimed are covered by instruction fees or separately taxable under Advocates (Remuneration and Taxation of Costs) Regulations – proper exercise of taxing officer’s judicial discretion. Procedural – duplication of issues decided in an earlier appeal and application of prior judgment. Remedy – setting aside taxation award and referral for fresh taxation where errors of principle shown.
 16 September 2013
Nanam Aviation (U) Ltd v Mukula & Anor (Civil Suit No. 309 of 2008) [2013] UGCommC 156 (13 September 2013)
The applicant failed to prove recoverable sums after breach; the director not personally liable absent proved fraud or veil‑lifting.
• Contract law – aircraft rental agreement; admissibility and effect of written lease (28 May 2008). • Corporate law – limited liability and lifting the corporate veil; director not personally liable absent pleaded and proved sham or fraud. • Evidence – admission of documents, burden of proof for special damages and money had and received; requirements under Stamps Act considered. • Remedies – termination clause (clause L(2)) governs repayment on termination; specific performance refused where no enforceable entitlement proved.
 13 September 2013
Krystalline Salt Ltd v Kamo Enterprises Ltd (HCCS 777 of 2004) [2013] UGCommC 155 (10 September 2013)
Plaintiff proved credit sales and recovered US$105,601; defendant’s counterclaim for alleged advance payments was dismissed.
Civil contract — terms: advance payments versus credit established by conduct; invoices are not proof of payment; burden of proof on party asserting payment; late-produced receipts and documents attract suspicion; amendment of counterclaim requires prescribed fees or court order to validate; damages and interest for unpaid goods; scheduling conference fixes trial issues.
 10 September 2013
Lion Insurance Company Ltd v Kasekende Kyeyune & Lutaya Advocates (Miscellaneous Appeal No. 358 of 2013) [2013] UGCommC 154 (6 September 2013)
Taxing Master erred; Advocate/Client bill set aside and referred for re-taxation under Sixth Schedule with apportionment of instruction fees.
Advocates’ costs — Taxation of Advocate/Client bill — Application of Advocates (Remuneration and Taxation of Costs) Regulations (Sixth Schedule) — Instruction fees increased by one-third — Apportionment of instruction fees where more than one counsel — Taxing Master must exercise discretion judicially and give reasoned findings.
 6 September 2013
DFCU Bank Ltd v Dotways Marketing Bureau Ltd & Anor (Originating Summons 6 of 2012) [2013] UGCommC 152 (3 September 2013)
An equitable mortgage was validly created; mortgagor and guarantor ordered to pay the determined sum or face foreclosure.
Equitable mortgage – creation by deposit of title deeds and intent – Registration of Titles Act s.129; Mortgage Act/Cap.229 s.8 – court to determine amount due and fix period to pay; withdrawal/caveat – effect of late caveat and lack of notice to mortgagee; formalities – stricter requirements apply to legal, not equitable, mortgages; foreclosure remedy reserved on default.
 3 September 2013
Technology Associates Ltd & 2 Ors v Girisch Nair (Civil Suit No. 72 of 2012) [2013] UGCommC 153 (3 September 2013)
Impugned April 2013 board resolutions invalid for lack of quorum and because disqualification provision is not retrospective.
Company law – Articles of Association – Interpretation of "becomes" as prospective, not retrospective; Directors – quorum requirement under Articles 33(c) and Table A – invalidity of resolutions passed without required quorum; Corporate remedies – court cannot compel sale of a shareholder’s shares in absence of lawful basis given constitutional property protections; Commercial dispute resolution – court promotes reconciliation and orders independent audit.
 3 September 2013