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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
September 2019
Uganda Authority v Dott Services (Ltd) & Anor (Miscellaneous Application No. 343 of 2019) [2019] UGCommC 31 (27 September 2019)
Enlargement of time and leave to amend allowed after bona fide discovery of documents to reinstate fraud particulars.
Civil procedure – Amendment of pleadings – Enlargement of time – Order 6 r.19 CPR – Discovery of documents after scheduling conference – Reinstatement of fraud particulars – Abuse of process – Costs and timetable conditions
 27 September 2019
Fountain Publishers v Nantamu & Anor (Arbitration Cause No. 1 of 2011) [2019] UGCommC 30 (25 September 2019)
Delay in delivering an arbitral award is not automatically reviewable; statutory section 34 procedure and time limits must be followed.
Arbitration — limited court intervention — challenge to arbitral award under s34 — delay in delivery of award not automatically vitiating — statutory time limits and abuse of process
 25 September 2019
Fang Min v Uganda HuiNeng Mining Ltd (Nominal Defendant) & 5 Ors (Civil Suit No. 318 of 2016) [2019] UGCommC 29 (19 September 2019)
Derivative action upheld for minority shareholder after void meetings and fraudulent transfers; corporate veil lifted to provide remedies.
Company law — Derivative action — Fraud on the minority — Invalid directors' meetings (notice/quorum) — Void transfers of company assets — Lifting corporate veil — Duty to keep and audit books — Reflective loss and valuation of shareholder interest
 19 September 2019
Hallmark Enterprises friends SACCO Ltd v Kwesiga (HCCS 657 of 2017) [2019] UGCommC 28 (17 September 2019)
Defaulting borrower liable on loan; court awarded liquidated sum, denied general damages, set interest at 24% p.a.
Civil procedure – Judgment on liquidated demand – Order IX r6 vs r8; Loan agreement and acknowledgment of debt; proof of general damages; discretion as to rate and period of interest; costs
 17 September 2019
Byaruhanga v Kanyeihamba (Miscellaneous Application No. 465 of 2017) [2019] UGCommC 24 (3 September 2019)
Affidavits containing deliberate falsehoods defeated an application to set aside a default judgment; the application was dismissed with costs.
Civil procedure – application to set aside default judgment – credibility of affidavits – deliberate falsehoods and material inconsistencies – striking affidavits off record – application dismissed for want of evidence
 3 September 2019
Trust Ventures Ltd v Powerfoam (U) Ltd (Civil Suit No. 669 of 2017) [2019] UGCommC 25 (3 September 2019)
Objection that plaintiff was non-existent dismissed; name misnomer curable and plaint ordered amended.
Company law – corporate name misnomer – capacity to sue – Order 1 Rule 10 CPR – curable bona fide mistake – amendment of plaint – preliminary objection dismissed
 3 September 2019