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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
9 judgments
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9 judgments
Citation
Judgment date
November 2020
The Surgery v Pinnacle Security Limited and Another (Civil Suit No. 235 of 2012) [2020] UGCommC 163 (27 November 2020)
Emails formed a binding contract; defendants (agents) breached it by not paying for medical services; plaintiff awarded damages.
Contract formation — electronic communications/emails as data messages; enforceability under Contracts Act and Sale of Goods and Supply of Services Act. Agency — factual finding that defendants acted as agents/representatives of Pinnacle Group International. Breach of contract — non-payment for supplied medical services. Evidence — burden under s.101 Evidence Act; plaintiff failed to prove that USD 268,290 credited to second defendant was payment to plaintiff. Remedies — award of special and general damages, interest and costs.
 27 November 2020
Rift Valley Railways (U) Limited v Hass Petroleum (U) Limited (Miscellaneous Application No. 217 of 2021) [2020] UGCommC 146 (15 November 2020)
Review of liquidation order dismissed; no error apparent or new evidence justified setting aside the liquidation.
Insolvency/winding-up — Review of liquidation order — Grounds for review (error apparent, new evidence, other sufficient reason) — Right to fair hearing and adjournment applications — Allegations of res judicata and prematurity due to arbitration.
 15 November 2020
Space Marketing Uganda Limited v Equifax Uganda Limited and 4 Others (Miscellaneous Application No. 969 of 2020) [2020] UGCommC 142 (15 November 2020)
Amendment to add a director denied; clarification of claim amount allowed to avoid multiplicity of proceedings.
Civil procedure – Amendment of pleadings (Order 6 r19; Order 1 r3) – discretion to allow amendments to determine real questions in controversy; corporate personality and privity of contract – director not automatically liable for company obligations; amendments refused where misconceived or premature; clarification of claim amount allowed to avoid multiplicity of proceedings.
 15 November 2020
Pamrone Investiments Limited v Bank of Africa (U) Limited (Civil Suit No. 322 of 2015) [2020] UGCommC 148 (12 November 2020)
Applicant who accepted and signed commercial loan cannot later challenge interest rates or allege lender’s breach.
Contract law – formation and interpretation; approbation and reprobation – borrower who accepted and signed facility bound by its terms; Consumer protection – Bank of Uganda Financial Consumer Protection Guidelines (fairness, transparency) considered but did not nullify signed agreement; Agricultural Credit Facility (ACF) v. commercial loan – pre-approval disbursements may attract commercial rates; Loan restructuring – conversion of arrears into commercial loan where agreed; Remedies – no fraud, bad faith or damages where plaintiff knowingly contracted.
 12 November 2020
Ajaib Transport Ltd v Verma Co Ltd (HCCS 792 of 2015) [2020] UGCommC 135 (9 November 2020)
A single‑day delivery delay did not justify termination; the respondent liable for breach and PILON awarded.
Contract formation – written service agreement – existence and signatures; Breach – whether single‑day delivery delay amounts to fundamental breach and justifies immediate termination; Conversion – wrongful detention of vehicles versus release and PILON; Counterclaim – set‑off/repayment of advances; Remedies – computation of PILON, special and general damages, and interest rates.
 9 November 2020
Barclays Bank Limited v Electro Watts (Uganda ) Limited (Miscellaneous Application No. 722 of 2020) [2020] UGCommC 154 (6 November 2020)
Court granted conditional stay pending appeal subject to bank guarantee and cash security within 30 days.
Civil procedure – stay of execution pending appeal – prerequisites: timely notice of appeal, no unreasonable delay, security for due performance, risk of substantial/irreparable loss, likelihood of success – absence of draft grounds of appeal – conditional stay by bank guarantee and security deposit.
 6 November 2020
CNOOC Uganda Limited v Commissioner General Uganda Revenue Authority (Miscellaneous Application No. 754 of 2020) [2020] UGCommC 159 (6 November 2020)
Court set aside premature dismissal for want of prosecution, reinstated suit and stayed it pending related TAT proceedings.
Civil procedure – Review of judgment under s.82 CPA and O.46 r.1 CPR – Error apparent on the face of the record – Dismissal for want of prosecution – Order 17 r.5 & r.6 CPR – Lis pendens and abuse of process – Jurisdictional interplay with Tax Appeals Tribunal – Case management and administrative irregularities.
 6 November 2020
Uganda National Roads Authority v Apollo Senkeeto and Others (Civil Suit 668 of 2016) [2020] UGCommC 176 (5 November 2020)
Whether defendants’ fraudulent misrepresentations voided the contract, obliging repayment of advances, withholding tax and damages.
Public procurement – fraudulent misrepresentation and forged documents – lack of capacity to contract – voidable contract – lawful rescission – invalid subcontracting – restitution of unexpended advance and withholding tax – awards of general and punitive damages with interest and costs.
 5 November 2020
National Social Security Fund v Uganda Revenue Authority (Civil Appeal No. 29 of 2020) [2020] UGCommC 139 (2 November 2020)
Contributions to a statutory social security fund create a debt obligation; interest paid is deductible and prior tax authority guidance gave a legitimate expectation.
Tax law – statutory interpretation of "debt obligation" and "interest" – NSSF contributions as repayable obligations – allowable interest deduction under s.25(1) ITA; administrative law – legitimate expectation from tax authority letter; penal tax not payable where taxpayer reasonably relied on authority's prior position; appellate scope of High Court under TAT Act confined to questions of law.
 2 November 2020