Skip to document content Skip to main menu Skip to search

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

7 judgments

Advanced search

Browse by year

Browse by month

Filter documents by title

Sort documents by

7 judgments


October 2018
Bakamutumaho v Ainomugisha Kwehangana (HCCS 486 of 2015) [2018] UGCommC 68 (26 October 2018) Court upheld reconciliation agreement; awarded UGX 19,000,000, UGX 5,000,000 damages, interest and costs. Commercial law — Negotiable instruments — Dishonoured cheques as prima facie evidence of debt Contract — Duress — Whether arrest, remand or prosecutorial pressure vitiates a reconciliation agreement Remedies — Damages and interest — Assessment of general damages for bounced cheques and judicial discretion in fixing interest rate	26 October 2018
First finance group Ltd v Okwere (HCCS 391 of 2013) [2018] UGCommC 67 (26 October 2018) Successor company may sue for debts acquired from a transferor; signatures and documents established respondent's US$30,000 indebtedness. Commercial law — Corporate succession and creditor rights — Effect of registered resolution transferring assets and liabilities to successor company on locus to sue Evidence — Documentary and expert evidence — Document examiner’s opinion and party admissions as proof of signature and indebtedness	26 October 2018
Arvind Patel v National Resistence Movement (Miscellaneous Application No. 151 of 2018) [2018] UGCommC 79 (16 October 2018) Applicant’s failure to file witness statements and refusal to proceed justified dismissal under s.17(2); remedy is appeal, not reinstatement. Civil procedure — Dismissal for non‑prosecution — Section 17(2) Judicature Act — Dismissal as final adjudication on merits — Reinstatement — Application to set aside dismissal — Proper remedy is appeal — Abuse of court process — Failure to file witness statements and refusal to proceed warrants dismissal	16 October 2018
Musana v Ankwatsa (HCCS 187 of 2014) [2018] UGCommC 80 (16 October 2018) Court found the purported land sale a sham, no payment proved, and dismissed the suit with each party bearing own costs. Property law — Sale of land — Validity of sale versus sham agreement — Assessment of intent and corroborative documents Civil procedure — Summary suit/leave to defend — Requirement to prove payment and genuineness of transaction Costs — Conduct of parties — Dishonest or deceitful conduct may justify each party bearing 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) A director’s signed acknowledgment of debt binds the company; no leave to appeal without prima facie grounds. Civil procedure — Leave to appeal — Whether applicant established prima facie grounds to warrant leave Company law — Authority of directors — Director’s signature as directing mind binds the company Contract/Commercial — Acknowledgment of debt — Written installment agreement binding despite creditor’s headed paper	11 October 2018
Nokia Siemens v PNN Technology Solutions Ltd (Civil Suit No. 406 of 2013) [2018] UGCommC 76 (11 October 2018) Defendant’s non-performance and failure to account under a sub-contract justified damages, interest and costs. Commercial law — Contract — Sub-contract performance — Failure to account and non-performance as grounds for termination and damages — Damages — Service assurance penalties and fuel losses — Reconciliation documents and warning letters as proof Remedies — Interest and costs — Court discretion to award commercial interest for deprivation of funds — 20% p.a. from termination	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