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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
6 judgments
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6 judgments
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 after borrower default and compliance with statutory Mortgage Act notice requirements.
Mortgage law – compliance with Mortgage Act (s.19 notice of default; s.26 notice of sale) – entitlement of mortgagee to vacant possession after borrower default – ex parte proceedings where defendant fails to respond
 27 August 2019
Cyan Uganda Limited and Others v Stanbic Bank Uganda Limited (MISC. APPLICATION NO. 627 OF 2018) [2019] UGCommC 243 (26 August 2019)
Applicant granted leave to defend a summary suit due to triable disputes over account balances, set‑offs and an insurance policy.
Civil procedure – summary suit – leave to appear and defend – bona fide triable issue; disputed accounts and set‑off; lender’s (all risks) insurance policy – third‑party rights and subrogation; guarantor liability – accessory nature and effect of principal default.
 26 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 financial institution in receivership lacks authority to sue and cannot receive freehold land if majority-owned by noncitizens.
Financial Institutions Act – receivership – locus standi to sue – section 96 bars proceedings in receivership; transfer of assets/liabilities during receivership; company noncitizen – prohibition on holding freehold/mailo land under Article 237 and Land Act
 26 August 2019
HON. Pulkol v HON. Auma Juliana (HCCS 112 of 2014) [2019] UGCommC 23 (23 August 2019)
Plaintiff rescinds land sale and obtains refund where seller delivered less acreage and failed to remedy the defect.
Contract — Sale of land — warranty as to acreage and free of encumbrances — delivery of less land amounts to fundamental breach — rescission and refund — assessment of general damages and interest — evidentiary insufficiency of squatter claims
 23 August 2019
Wissam v Bharti Airtel Limited (Civil Suit No. 1028 of 2017) [2019] UGCommC 20 (16 August 2019)
A non‑exclusive English choice‑of‑law and jurisdiction clause requires strong reasons to litigate in Uganda; suit dismissed for forum.
Choice of forum and choice of law clauses – non‑exclusive jurisdiction – party suing in non‑contractual forum must show strong reasons to displace agreed forum – forum non conveniens – burden to demonstrate witness convenience, expertise, and cost minimisation
 16 August 2019