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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
Citation
Judgment date
December 2020
Ndawula v Hiraa Traders (U) Limited (Miscellaneous Application No. 1267 of 2020) [2020] UGCommC 150 (30 December 2020)
Court granted a certificate of urgency to hear an application for stay of a bankruptcy order during Court vacation; costs to applicant.
Civil procedure – Certificate of urgency – grant of certificate to enable hearing during Court vacation under Order 52 r1 & r3 CPR and Court Vacation Rules. Insolvency/bankruptcy – stay of execution/implementation of bankruptcy order – urgent hearing sought pending appeal. Public/constitutional interest – effect of bankruptcy on candidature and local government office as basis for urgency. Costs – applicant to bear costs of ex parte urgency application.
 30 December 2020
Mugasha v Housing Finance Bank and Another (Miscellaneous Application No. 1132 of 2020) [2020] UGCommC 152 (29 December 2020)
Commercial Court lacked jurisdiction to appoint an administrator ad litem; matter transferred to Family Division with stay on evictions.
Succession law; substitution of deceased parties; Order 24 r.3 and Succession Act s.222 require proof of executor/legal representative status before substitution; jurisdiction of Commercial Division limited for appointment of administrators; preservation of status quo and transfer to Family Division; stay on evictions and transactions affecting suit property.
 29 December 2020
Nassolo and Another v Equity Bank (U) Limited and 2 Others (Miscellaneous Application No. 1263 of 2020) [2020] UGCommC 151 (29 December 2020)
Court granted a certificate of urgency to hear an interim application preventing alleged imminent eviction during court vacation.
Urgency — certificate of urgency — ex parte interim relief — imminent risk of eviction and possibility of irreparable harm — preservation of status quo during court vacation.
 29 December 2020
Isubikalu T/a Laftaz Comedy Lounge v Nalongo Estate Limited (Miscellaneous Application No. 668 of 2019) [2020] UGCommC 161 (22 December 2020)
Applicant granted leave to defend summary rent claim after raising triable issues on liability and trade fixtures.
Order 36 — summary procedure — leave to appear and defend — bona fide triable issues; Liquidated demand — computation and requirement for summary suit; Corporate personality — identity and proper party to a tenancy; Trade/temporary fixtures — entitlement to removal, valuation, and possible set-off; Dishonoured cheques — evidential weight in summary rent recovery.
 22 December 2020
Nkoba v Traminco (U) Limited and Another (Miscellaneous Application No. 668 of 2019) [2020] UGCommC 162 (22 December 2020)
Court refused to vary registrar’s 30‑day security order but ordered Arab Contractors to withhold Shs 950,000,000 pending further orders.
Civil procedure – review of registrar’s interlocutory orders – whether Registrar acted within s.98 CPA when granting time to furnish security. Enforcement/ancillary relief – security by bank guarantee; attachment of machinery; third‑party fund withholding orders as protective relief. Risk of asset dissipation and provisional measures to preserve subject funds.
 22 December 2020
Pricilla Lopdrup ( suing through her Attorney Lutaaya ) v Mirembe Lubwama and 2 Others (Civil Suit No. 260 of 2015) [2020] UGCommC 147 (22 December 2020)
A guarantor undertaking signed without duress is enforceable; guarantors jointly liable upon principal's default.
Contract of guarantee – valid undertaking signed by guarantors – duress not established; Evidence Act s.92 – written document prevails; Contracts Act s.71 – guarantor’s liability crystallises on principal’s default; remedy – judgment for principal debt with interest and costs.
 22 December 2020