Skip to document content Skip to main menu Skip to search
background image
profile image

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
8 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
8 judgments
Citation
Judgment date
January 2019
Kamagero Isabirye v Barclays Bank Uganda Ltd (Miscellaneous Application No. 688 of 2018) [2019] UGCommC 229 (25 January 2019)
Applicant’s claim that an insured salary loan should be paid by the insurer raised a bona fide triable issue, so leave to defend was granted.
Civil procedure – summary judgment under Order 36 – leave to appear and defend – bona fide triable issue required; Insured salary loan – insurer’s liability on job loss; Account reconciliation/audit where amount disputed.
 25 January 2019
Kamagero v Barclays Bank (U) Ltd (Miscellaneous Application No. 688 of 2018) [2019] UGCommC 13 (25 January 2019)
Applicant raised a bona fide triable issue that an insurance policy, not the applicant, may cover the outstanding loan.
Civil procedure — Order 36 r3-4 & Order 52 r1 — leave to appear and defend in summary suit — requirement of bona fide triable issue; Insured salary loan — contention that insurer, not borrower, liable after job loss; Dispute as to amount requiring reconciliation/audit; Proposed written statement of defence can demonstrate triable issues.
 25 January 2019
Pastificio Lucio Garafolo S.P.A v Quick Salers (U) Ltd (Miscellaneous Application No. 688 of 2018) [2019] UGCommC 235 (25 January 2019)
Ex parte inspection and seizure under s.79 TMA granted where applicant showed prima facie infringement and risk of concealment.
Trade Marks – s.79 Trademarks Act – ex parte inspection and seizure – Anton Piller style order – prima facie infringement and risk of concealment required. Remedies – inspection, inventory and removal of infringing materials – presence of High Court bailiff and designated Trademarks inspector as procedural safeguard. Costs – to abide outcome of main suit.
 25 January 2019
Rajesh Kumar v Mahmood Somani (Miscellaneous Cause No. 62 of 2018) [2019] UGCommC 232 (25 January 2019)
Court allowed respondent’s late affidavit in reply but validated the extension and ordered respondent to pay adjournment costs.
Civil procedure – late filing of affidavit in reply – court’s discretion to extend time – factors: extent of delay, reasons, prejudice and accountability – Article 126(2) not a license to disregard procedural time limits – costs as sanction for delay.
 25 January 2019
Olal v Steel & Tube Industries Ltd (HCCS 7 of 2016) [2019] UGCommC 2 (22 January 2019)
Court found defendant delivered 800 plates, must deliver remaining 200 or pay current price with interest and costs.
Contract law – sale of goods – formation and performance of contract for supply of goods. Breach of contract – non-delivery of agreed goods; specific performance or monetary compensation. Evidence – weight of contemporaneous demand letter and invoice entries ("NT") in determining delivery. Remedies – delivery or current market price, interest on undelivered goods, costs. General damages – denied where loss attributable to claimant and duplicative of claim.
 22 January 2019
Shakil Pathan v DFCU Bank Ltd (Civil Suit No. 236 of 2017) [2019] UGCommC 1 (15 January 2019)
Whether an acquiring bank is liable for salary deductions under transferred employment contracts — court finds liability and awards damages.
Banking law – banker–customer relationship and unauthorized account deductions; Employment law – transfer of contracts on business transfer (Employment Act s.28); Purchase of assets agreement – excluded liabilities and indemnity clauses do not preclude suit against buyer; Jurisdiction – commercial vs labour jurisdiction; Remedies – proof of special damages, award of general damages, interest, denial of exemplary damages.
 15 January 2019
Sanlam General Insurance (U) Limited v Royal Transit Limited (Civil Appeal No. 13 of 2018) [2019] UGCommC 237 (14 January 2019)
Instruction fees must be calculated under the sixth schedule formula where the claim value is ascertainable.
Advocates' costs – Taxation of costs – Sixth schedule of Advocates (Remuneration and Taxation of Costs) Rules S.I. 267-4 – Mandatory formula where subject-matter value ascertainable – item 1(a)(iv) and item 1(a)(iii) (settlement/withdrawal) – taxing officer’s discretion limited/removed – taxation award set aside and bill remitted.
 14 January 2019
M/s Semuyaba ,Iga& Company Advocates v Attorney General of the Republic of South Sudan and Another (Miscellaneous Application 4 of 2022) [2019] UGCommC 240 (6 January 2019)
A transferee court requires a verified EACJ judgment and proper transfer; invalid service and sovereign/immunity principles bar garnishment.
EACJ judgments – enforcement requirements – verified judgment and specific transfer order required for transferee court jurisdiction; Service of process – branch inviolability and consent under Branch Office Agreement; Locus standi – agent cannot sue in own name; Post-judgment discovery – permissible but limited and relevant to attachable assets; International organisations and sovereign entities – process and jurisdictional immunity; Attachment – shares/dividends arising from shareholder status not readily garnishable.
 6 January 2019