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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
6 judgments
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6 judgments
Citation
Judgment date
March 2020
Fort Portal Municipal Council v Plinth Technical Services Ltd (Miscellaneous Application No. 231 of 2019) [2020] UGCommC 8 (20 March 2020)
Arbitrator lacked jurisdiction where contract required adjudication before arbitration on project manager’s decision.
Construction contract — dispute resolution — Clause 24 adjudication as primus — Clause 25 arbitration — premature arbitration — jurisdictional interpretation — stay of arbitral proceedings until adjudication concluded.
 20 March 2020
Global Wire Industries v Trident Infratech Ltd (Miscellaneous Application No. 952 of 2019) [2020] UGCommC 11 (20 March 2020)
Arbitral award upheld: arbitration clause enforceable; no illiteracy or bias shown; criminal counterclaim beyond arbitrator’s jurisdiction.
Arbitration — Enforcement of arbitration clause; Illiterates Protection Act — proof of illiteracy; Arbitration jurisdiction — limits regarding criminal matters and counterclaims; Setting aside award — bias, appointment and sufficiency of evidence; Tenancy law — breach, unpaid rent and remedies.
 20 March 2020
HN Developers Ltd v Prayosha Enterprises Ltd (Miscellaneous Application No. 383 of 2018) [2020] UGCommC 7 (20 March 2020)
Defendant entitled to unconditional leave to defend summary suit after raising bona fide triable issues regarding debt and contract.
Civil procedure — Summary judgment/summary plaint (Order 36 CPR) — Leave to appear and defend — Defendant must show bona fide triable issue of fact or law; need not prove defence on merits — Documents evidencing claim do not automatically negate triable issues.
 20 March 2020
Ntambara v Segawole (Miscellaneous Application No. 1082 of 2019) [2020] UGCommC 9 (20 March 2020)
Applicant’s delay and failure to obey court orders do not justify setting aside a properly procured ex parte judgment.
Civil procedure – Setting aside ex parte judgment (Order 9 r27) – Service of process and hearing notices – Sufficient cause – Dilatory conduct and disobedience of court orders – Negligence of counsel insufficient without evidence – Delay in seeking relief.
 20 March 2020
Stirling Civil Engineering Limited v Plinth Technical Works Ltd (Miscellaneous Application No. 231 of 2019) [2020] UGCommC 10 (20 March 2020)
20 March 2020
Muwanga v Katende (H.C.Miscellaneous Application No. 988 of 2020) [2020] UGCommC 138 (19 March 2020)
Court recorded and enforced a voluntary, undisputed compromise, ordering payment of the outstanding UGX 21,000,000 and agreed costs.
* Civil procedure – Compromise of suit – Order 25 r.6 CPR – Court may record lawful agreement and pass decree where settlement is proved and voluntary. * Evidence – Settlement must be proven, voluntary, unequivocal and final; undisputed agreements may be enforced by decree. * Relief – Recording compromise and entering decree for liquidated sums and agreed costs.
 19 March 2020