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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
7 judgments
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7 judgments
Citation
Judgment date
September 2018
ABC Capital Ltd v Muyanja & Anor (Civil Suit No. 530 of 2013) [2018] UGCommC 66 (25 September 2018)
Borrower liable under valid loan; guarantor discharged because creditor failed to exhaust mortgage foreclosure remedies.
Commercial law – loan facility and facility letter enforceability – signatures and execution; Guarantee law – validity of guarantor’s signature and equitable discharge where creditor omits foreclosure remedies; Mortgage law – mortgagee must exhaust prescribed foreclosure steps before sale; Misrepresentation – no particulars pleaded; Remedies – judgment subject to exhaustion of foreclosure under the Mortgage Act.
 25 September 2018
Hermon Tesfalidet v Mehari Habtemicheal (Miscellaneous Application No. 384 of 2018) [2018] UGCommC 33 (20 September 2018)
Applicant granted leave to defend where credible evidence raised triable issues about repayment of loan.
Commercial law – loan repayment dispute – whether repayment evidence (cash acknowledgement allegedly stolen; bank transfer to related third-party account) raises triable issues – leave to appear and defend granted – costs to abide suit.
 20 September 2018
Kyaninga Royal Cottages Ltd v Kyaninga Lodge Ltd (Miscellaneous Application No. 551 of 2018) [2018] UGCommC 34 (20 September 2018)
A suit commenced in the name of a non-existent company is incurable and must be struck out; costs ordered against the instigator.
Civil procedure – non-existent plaintiff – misnomer vs falsehood – incurable plaint – striking out suit; costs against individual who instituted suit in fictitious company’s name.
 20 September 2018
CTM Uganda Ltd & 2 Ors v Allmuss Properties Uganda Ltd & 3 Ors (Miscellaneous Application No. 1389 of 2017) [2018] UGCommC 32 (17 September 2018)
Affidavit contradictions and failure to attend cross‑examination led to striking out evidence and dismissal of leave to appeal.
Civil procedure — Application for leave to appeal — Necessity of cross‑examination where affidavit contradicts documentary evidence — striking out affidavit where deponent fails to attend for cross‑examination. Company/agency — Authority of agent to bind company — reliance on corporate resolution.
 17 September 2018
Three Ways Shipping Services Ltd v Mtn Uganda Ltd (Miscellaneous Application No. 1336 of 2017) [2018] UGCommC 55 (5 September 2018)
Leave to appeal refused where earlier suit was struck out on a preliminary point and applicant failed to show arguable grounds.
Civil procedure – Leave to appeal – discretionary orders – higher threshold where appeal concerns exercise of judicial discretion; Res judicata – dismissal on preliminary point not on merits does not bar subsequent suit; Abuse of process – filing second suit during pendency of appeal requires demonstration of prejudice; Requirement to set out controversies and arguable points of law when seeking leave to appeal.
 5 September 2018
Maraj Barot v Salvation Army (Civil Suit No. 713 of 2015) [2018] UGCommC 35 (4 September 2018)
Application for judgment on admission refused because defendant denied the claim and filed a counterclaim, requiring a full hearing.
Civil Procedure – Judgment on admission (O.13 r.6 CPR) – Requirement of explicit and unambiguous admission; Pleadings and attachments (O.8 r.3 CPR) – failure to disown documents does not necessarily amount to admission; Right to be heard – effect of counterclaim on suitability for judgment on admission.
 4 September 2018
British American Tobacco Uganda Ltd v Muwema & 2 Ors (Civil Suit No. 751 of 2014) [2018] UGCommC 25 (3 September 2018)
Claim to recover funds paid to former advocates is maintainable; preliminary objections dismissed and suit proceeds against all defendants.
Civil procedure — preliminary objections — res judicata inapplicable where new claim and different parties; Partnership law — liability of incoming partners for funds on firm account; Advocates Act — disciplinary route not a bar to civil recovery; Stay applications — taxation of costs and constitutional petition insufficient basis for stay.
 3 September 2018