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

12 judgments

Advanced search

All years

All months

Filters

Sort by:

12 judgments

Citation	Judgment date
March 2019
Muwonge v Tibamanya & Anor (Miscellaneous Application No. 1012 of 2017) [2019] UGCommC 231 (25 March 2019) Court entered judgment on admission where pleadings and correspondence constituted clear admissions; POA allowed suit against the individual. Civil Procedure – Judgment on admission – Order 13 r 6 – admissions may arise from pleadings and correspondence; Order 13 r 4 permissive not mandatory. Evidence – Admission – must be precise and unambiguous to found judgment on admission. Agency / Locus standi – Power of attorney construed broadly to permit suit against identified person. Company law – Corporate veil – cannot be invoked to evade obligations freely undertaken where person acted as voice of the company. Remedies – Contracts Act s.61(1) – damages and interest for breach of contract.	25 March 2019
KCB Bank (U) Ltd v Kalema (Miscellaneous Application No. 704 of 2018) [2019] UGCommC 14 (22 March 2019) Affidavit omitting the source of factual information is incurably defective and must be struck out, rendering the application incompetent. Affidavit — Order 19 r 3 CPR — requirement to confine to facts within deponent’s knowledge; where based on information, source must be disclosed — affidavit by counsel — factual averments outside counsel’s knowledge — non-disclosure of source is fundamental and renders affidavit incurably defective — severance not available to cure such defect — striking out affidavit and dismissal of unsupported application.	22 March 2019
KCB Uganda Limited v Kalema (Miscellaneous Application No. 704 of 2018) [2019] UGCommC 230 (22 March 2019) An affidavit failing to disclose the source of information is incurably defective and warrants striking out and dismissal of the supported application. Civil procedure – Affidavit – Order 19 r 3 CPR – affidavit based on information must disclose source – non-disclosure renders affidavit incurably defective; affidavit by counsel – distinction between matters of law and facts; severance not always curative.	22 March 2019
Obua v Umeme Limited (Miscellaneous Application No. 42 of 2019) [2019] UGCommC 236 (22 March 2019) Application for extension to appeal dismissed for procedural impropriety, abuse of process and inordinate delay. Administrative law – Extension of time to appeal – Procedural requirements under Electricity Tribunal Proceedings Rules and Order 44 r(3) CPR – Res judicata requires prior decision on merits – Abuse of process and inordinate delay – Striking out premature application.	22 March 2019
Leaf Tobacco and Commodities Uganda Limited v Commissioner of Customs, Uganda Revenue Authority & Anor (HCCS 218 of 2012) [2019] UGCommC 7 (21 March 2019) Court dismissed trademark injunction, holding customs lawfully escorted transit goods and foreign orders require local registration. Intellectual property – trademark territorial rights – limits of enforcement of foreign judgments and injunctions without local registration; Customs law – transit versus importation – obligation to facilitate legitimate transit and hand over to destination state; International/cooperative enforcement – need for reciprocal arrangements (EAC Customs Management Act s.10(3)); Evidence – burden to prove smuggling/dumping and causal link to alleged defendant.	21 March 2019
Real Marketing Ltd v DFCU Bank (HCCS 858 of 2015) [2019] UGCommC 5 (19 March 2019)	19 March 2019
Serumaga v Gold Mine Finacial Ltd (Miscellaneous Application No. 719 of 2018) [2019] UGCommC 6 (19 March 2019) Applicant found served, was a named borrower, affidavit struck out for falsity; application dismissed with costs. Civil procedure – service and notice; Written statement of defence – binding effect when filed by instructed counsel; Contract law – characterization of signatory as borrower under financing agreement; Affidavits – deliberate falsehoods warrant striking out; Interlocutory relief – attachment/security and consequences of non-compliance.	19 March 2019
Kabugo & Anor v Lukwago & 3 Ors (HCT-00-CC-OS 572 of 2013) [2019] UGCommC 4 (15 March 2019) Breach of land sale: plaintiffs awarded recovery, substantial general damages and interest; punitive damages denied. Contract for sale of land; breach by non-delivery of agreed parcel; proof of payments by receipts and acknowledgements; substituted service and default judgment; assessment of general damages; refusal of punitive damages for lack of malicious conduct; interest awarded for deprivation of use of funds.	15 March 2019
Namukasa-Nsamba v Letshego Uganda Limited (Miscellaneous Application No. 590 of 2018) [2019] UGCommC 227 (4 March 2019) Temporary injunction granted where sale procedures under the Mortgage Act were not shown to have been complied with, pending the main suit. Civil procedure – interlocutory injunction – requirements: prima facie case, irreparable harm, balance of convenience. Mortgage law – requirements for sale of mortgaged property – compliance with statutory notices (Mortgage Act s.26(2)) and Mortgage Regulations. Evidence – insufficiency of proof of statutory notice renders sale process flawed and may justify preservation of status quo.	4 March 2019
Namukasa v Letshego (U) Ltd (Miscellaneous Application No. 590 of 2018) [2019] UGCommC 11 (4 March 2019) Temporary injunction granted where mortgagee failed to prove service of statutory sale notices; balance of convenience favoured applicant. Civil procedure — temporary injunction — prima facie case, irreparable injury, balance of convenience; Mortgage Act s.26(2) — statutory notices for sale; Mortgage Regulations — security deposit requirement; defective sale/advertisement of mortgaged property.	4 March 2019
Ggingo Mujje v Diamond Trust Bank Uganda Ltd (Miscellaneous Application No. 937 of 2016) [2019] UGCommC 233 (1 March 2019) Applicant granted unconditional leave to defend summary suit due to triable disputes over loan amounts, outstanding balance and securities. Civil Procedure – Order 36 (summary suits) – Application for leave to defend – Defendant need only show bona fide triable issues, pleaded in good faith and with sufficient particularity – Disputed loan amounts, inconsistent loan/bank statements, and missing/partial mortgage documentation raise triable issues warranting unconditional leave to defend.	1 March 2019
Mugenyi v Hoima District Administration (Taxation Appeal No. 35 of 2017) [2019] UGCommC 226 (1 March 2019) Court upheld the taxing master's UGX 90,000,000 instruction fee, finding no error of principle despite high subject-matter value. Taxation of costs – instruction fees – application of Schedule 6 of Advocates (Remuneration and Taxation of Costs) Rules – value of subject matter as factor. Civil procedure – appeal from taxation – interference only for error of principle or manifestly excessive/low award. Consent/compromise on decree – effect on costs claims – consent limited to partial satisfaction of general damages. Miscellaneous application pending – court records show dismissal, taxation reference not stayed.	1 March 2019