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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
3 judgments
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3 judgments
Citation
Judgment date
March 2018
Hajat Nuriyat Memetebikulwa Kiwanuka v Micro Finance Support Centre & Anor (Civil Suit No. 466 of 2013) [2018] UGCommC 82 (9 March 2018)
A mortgage on a matrimonial home is void where the lender had notice and did not act in good faith.
Mohammedan marriage – validity despite lack of formal registration; proof by cohabitation and conduct. Matrimonial/family land – protection under Land Act and Mortgage Act. Mortgagee duties – due diligence, disclosure, good faith; statutory declaration and valuation report as notice. Fraud/deceit and lack of bona fides render mortgage voidable and subject to review
Remedies – declaration of nullity, injunction, cancellation of encumbrance, damages and costs
 9 March 2018
Kato v Crane Bank Ltd (Miscellaneous Application 123 of 2017) [2018] UGCommC 7 (1 March 2018)
Applicant’s bald allegation of repayment without evidence failed to raise a triable defence; leave to defend refused and judgment entered.
Civil procedure – leave to appear and defend – applicant must show bona fide, meritorious defence with concrete particulars and evidential support
Evidence – allegations of prior payment require specification of amounts and documentary proof (receipts) to raise triable issues
Contracts – sanction letter and guarantee fixing interest and penalties establish contractual quantum where not rebutted
Pleadings – an intended defence that admits principal debt undermines application to defend
 1 March 2018
Plinth Technical Works Ltd v Stirling Civil Engineering Ltd (Miscellaneous Application 245 of 2017) [2018] UGCommC 9 (1 March 2018)
Applicant failed to show triable issues; undisputed delivery notes and admissions established respondent's claim.
Commercial contract – supply of goods – quantity and payment disputes – delivery notes as proof of performance. Civil procedure – leave to appear and defend – requirement to show triable issues of fact or law
Evidence – payment vouchers vs. admissions and signed delivery notes; bounced cheques and dishonour penalties
 1 March 2018