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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.
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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
10 judgments
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10 judgments
Citation
Judgment date
October 2020
Bonyoko Muzamiru t/a Muza Millers and Another v Kajoba t/a Solocyn Enterprise (Civil Miscellaneous Application No. 345 of 2020) [2020] UGCommC 136 (30 October 2020)
30 October 2020
Byanyima and Another v Opportunity Bank (U) Limited (Civil Miscellaneous Application No. 446 of 2020) [2020] UGCommC 137 (30 October 2020)
30 October 2020
Esom International Tours (U) Limited v Nagoya Co Limited T/a Nagoya Customs Bonded Warehouse (Civil Suit No. 834 of 2014) [2020] UGCommC 160 (30 October 2020)
A bonded warehouse breached its custodial duty for a stored vehicle and must compensate proven general and special damages.
Commercial law – bonded warehouse liability for goods – custodial duty to keep imported vehicles safe; Evidence – reliance on diagnostic/repair reports and failure to obtain competing inspection; Damages – requirement that special damages be specifically pleaded and proved; Assessment of general damages and discretion to award interest and costs.
 30 October 2020
Ongora v Standard Chartered Bank (Miscellaneous Application No. 400 of 2019) [2020] UGCommC 157 (30 October 2020)
Conditional leave to defend granted where salary-based loan dispute and alleged unoffset repayments raise triable issues.
Summary procedure – leave to appear and defend – triable issues of fact or law – dispute whether loan repayments were exclusively from employment salary – dispute as to amount claimed and alleged recoveries – conditional leave requiring security deposit.
 30 October 2020
Twagira and Another v DFCU Bank Limited (Civil Suit No. 188 of 2018) [2020] UGCommC 155 (23 October 2020)
Bank breached disclosure duties through system failures; no fraud or duress proved; plaintiffs awarded damages and currency-adjustment relief.
Banker-customer relationship – duties of fairness, transparency and disclosure; failure to provide amortisation schedule and system errors; fraud requires strict proof; economic duress and unconscionability – requirements and burden; corporate authority and the "indoor management" rule; remedies: damages, interest, adjustment for currency prejudice.
 23 October 2020
Ghebremichal & Anor v Bibangamba (Civil Suit No. 628 of 2018) [2020] UGCommC 42 (20 October 2020)
Suit dismissed as premature for failure to arbitrate, defective service, and reliance on an unstamped tenancy agreement.
* Arbitration – contractual arbitration clause – mandatory precondition to litigation – court cannot hear suit where parties have not submitted to arbitration or shown agreement to abandon it. * Civil procedure – service of process – affidavit of service must state personal knowledge or identify the person served in compliance with Order 5 rule 16. * Evidence / Stamps Act – chargeable document attached to pleadings must show stamp duty paid per section 42; unstamped document is severable and may defeat cause of action.
 20 October 2020
Mutebi v Nam Chhau Trading Co Ltd (Miscellaneous Civil Application No. 4 of 2020) [2020] UGCommC 34 (16 October 2020)
Preliminary objections rejected; plaint discloses a cause of action against the applicant and may be amended and tried.
Civil procedure – preliminary objections – locus standi of corporate deponent; Cause of action – requirements: right, violation, wrongdoer – oral contract and written commitment; Misnomer/misjoinder – T/A usage and remedy by amendment; Order 7 Rule 11 (CPR) – rejection of plaint; Article 126(2)(e) – substantive justice over technicalities.
 16 October 2020
Ellen Chen v Byamugisha (Miscellaneous Civil Application No. 240 of 2020) [2020] UGCommC 38 (13 October 2020)
Application to amend counterclaim to add necessary parties allowed to avoid multiplicity and enable complete adjudication.
Civil procedure – Amendment of pleadings under Order 6 r.19 – Joinder of parties under Order 1 rr.1,2,3 – Avoidance of multiplicity of proceedings – Discretion to allow amendments where necessary to determine real questions in controversy.
 13 October 2020
Ham Enterprises Limited & 2 Others v Diamond Trust Bank (U) Limited & Another (Miscellaneous Application 654 of 2020) [2020] UGCommC 172 (7 October 2020)

 

 7 October 2020
Semakula Kayinda v Auger Revival Ministries Limited (Civil Suit 880 of 2020) [2020] UGCommC 168 (4 October 2020)
Oral/partly written contract binding via director's ostensible authority; minor illegality reduced recovery; judgment for plaintiff.
Contracts – partly written and partly oral agreements; ostensible/apparent authority of company director binding the company; performance and substantial completion; illegality in performance (tax under-declaration) limiting recoverable items; damages, interest and costs for breach of contract.
 4 October 2020