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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
5 judgments
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5 judgments
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Judgment date
August 2019
Diamond Trust Bank (U) Ltd v Semakula & Anor (Originating Summons 1 of 2019) [2019] UGCommC 26 (27 August 2019)
Mortgagee entitled to vacant possession where borrower defaulted and statutory Mortgage Act notices were complied with.
Mortgage law – enforcement of mortgage – statutory notices of default (s.19) and notice of sale (s.26) under the Mortgage Act 2009 – borrower’s default and failure to respond – entitlement to vacant possession and costs.
 27 August 2019
Sendagire and Another (Both T/A Bright Future Vocational Secondary School (HC Civil Suit No. 26 of 2008) [2019] UGCommC 238 (26 August 2019)
26 August 2019
Sudhir Ruparelia & Anor v Crane Bank Limited [In Receivership] (Miscellaneous Application No. 320 of 2019) [2019] UGCommC 21 (26 August 2019)
A bank in receivership lacked capacity to sue and its land claims were barred because it was a noncitizen; suit dismissed.
* Financial Institutions Act – receivership – section 96 bars proceedings against a financial institution in receivership; Receiver lacks statutory authority to sue. * Companies under statutory management and liquidation – instances when Central Bank or liquidator may litigate (s89, s100). * Cause of action – transfer of assets/liabilities during receivership extinguishes proprietary interest. * Land law – noncitizen companies cannot hold freehold/mailo land (Constitution art 237; Land Act s40). * Costs – party who instituted proceedings while respondent lacked capacity should pay.
 26 August 2019
HON. Pulkol v HON. Auma Juliana (HCCS 112 of 2014) [2019] UGCommC 23 (23 August 2019)
Buyer entitled to rescind and full refund where sold land was 1.5 acres short, constituting fundamental breach.
Sale of land – contractual warranty as to acreage and title – shortfall in acreage (1.5 acres) held a fundamental breach – rescission and refund of purchase price awarded; failure to prove squatting; damages and interest awarded.
 23 August 2019
Wissam v Bharti Airtel Limited (Civil Suit No. 1028 of 2017) [2019] UGCommC 20 (16 August 2019)
Suit dismissed for forum non conveniens because parties chose English law and the plaintiff failed to justify suing in Uganda.
Contract – choice of law and forum clauses; non-exclusive jurisdiction – burden on claimant to prove strong reasons to sue outside chosen forum; forum non conveniens – balance of convenience, witness location, costs and judicial expertise; effect of prior foreign proceedings.
 16 August 2019