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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
October 2018
Bakamutumaho v Ainomugisha Kwehangana (HCCS 486 of 2015) [2018] UGCommC 68 (26 October 2018)
Reconciliation agreement after bounced cheques was valid; defendant liable for outstanding sum, damages, interest and costs.
Civil procedure – bounced cheques – reconciliation agreement validity; duress requires unlawful pressure and timely repudiation; cheques and reconciliation agreement constitute prima facie evidence of debt; assessment of general damages for dishonoured cheques and prosecution; discretionary award of interest and costs.
 26 October 2018
First finance group Ltd v Okwere (HCCS 391 of 2013) [2018] UGCommC 67 (26 October 2018)
Successor company entitled to recover transferred debt; forensic and documentary evidence established respondent's liability.
Commercial law – succession of corporate assets and liabilities – registered ordinary resolution transferring creditors and debtors – successor's locus to sue
Evidence – documentary and forensic – use of document examiner's report to prove signatures on cheques and acknowledgements of debt. Civil procedure/remedies – recovery of loaned funds and award of costs where debt is established
 26 October 2018
Arvind Patel v National Resistence Movement (Miscellaneous Application No. 151 of 2018) [2018] UGCommC 79 (16 October 2018)
Dismissal under section 17(2) for non-prosecution is final on the merits; the proper remedy is appeal, not reinstatement.
Civil procedure – Non-prosecution – Failure to file witness statements and refusal to proceed – Abuse of court process – Section 17(2) Judicature Act – Dismissal as adjudication on merits – Reinstatement unavailable; appeal is proper remedy.
 16 October 2018
Musana v Ankwatsa (HCCS 187 of 2014) [2018] UGCommC 80 (16 October 2018)
Court finds the alleged land sale agreement a sham; claim dismissed and each party ordered to bear own costs.
Contract and property – Alleged land sale – Whether written agreement constituted a genuine sale or was a sham. Evidence and credibility – Consistency of statements in civil and criminal proceedings; weight of consent judgment and registration records
Remedies – Recovery of money had and received where underlying transaction is fraudulent
Costs – Parties with unclean hands each to bear own costs
 16 October 2018
May Flower Investments Ltd v Nina Interiors Ltd (Miscellaneous Application No. 661 of 2018) [2018] UGCommC 77 (11 October 2018)
Leave to appeal refused; director-signed acknowledgment and payment undertaking bound the applicant company.
Civil procedure – leave to appeal from dismissal of application to appear and defend summary suit; corporate agency – director’s signature binds company as directing mind; enforceability of acknowledgements of debt and payment undertakings; letterhead immaterial to binding effect of endorsed documents; no prima facie grounds of appeal.
 11 October 2018
Nokia Siemens v PNN Technology Solutions Ltd (Civil Suit No. 406 of 2013) [2018] UGCommC 76 (11 October 2018)
A subcontractor breached maintenance obligations; court awarded UGX 442,552,142, 20% interest from termination, and costs.
Commercial contracts – Sub-contract – Radio network availability and field maintenance – breach for non-performance and failure to account for supplied fuel
Damages – Service assurance penalties and quantified fuel losses supported by reconciliation forms and witness evidence
Interest – 20% p.a. awarded from termination date for deprivation of commercial funds
Costs – costs follow the event
 11 October 2018
Opec Prime Properties Ltd & Anor v Attorney General (Miscellaneous Cause No. 41 of 2018) [2018] UGCommC 84 (5 October 2018)
Court allowed oral amendment to add injunction against eviction, finding no irremediable prejudice to the respondent.
Civil procedure – Amendment of pleadings – Order 6 r 19 CPR – Oral amendment permitted; discretion to allow amendments to determine real issues; amendment not to occasion irreparable prejudice; avoidance of multiplicity of suits; onus on respondent to prove prejudice cannot be atoned in costs.
 5 October 2018