Skip to document content Skip to main menu Skip to search
background image
profile image

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
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
6 judgments
Citation
Judgment date
May 2020
Delights Company Limited v Kitaka (Civil Suit No. 754 of 2014) [2020] UGCommC 17 (28 May 2020)
The applicant recovers unpaid vehicle purchase price, damages and interest after the respondent failed to prove payment.
Contract — Sale of goods (motor vehicles) — existence of written receipts and retention of logbooks as evidence of part payments and outstanding balances. Evidence — Burden of proof — once plaintiff proves outstanding balance, evidential burden shifts to defendant to prove payment. Pleadings — departures (new facts) in evidence not pleaded cannot be relied upon. Damages — special damages (loss of profits) must be specifically pleaded and proved; general damages may be awarded for business inconvenience. Interest — court discretion to award commercial interest to compensate plaintiff for use of funds and inflationary effects.
 28 May 2020
Equity Bank (U) Limited v Buyinza (Miscellaneous Cause No. 33 of 2018) [2020] UGCommC 15 (28 May 2020)
Application for vacant possession dismissed as an abuse of process because identical matters were pending in earlier suit.
Mortgage law; lis pendens and abuse of process – multiplicity of suits – competence of corporate officer to swear affidavit – foreclosure proceedings restrained where matter directly and substantially in issue in an earlier pending suit.
 28 May 2020
Insignia Holdings Limited v Mutuluuza (Originating Summons 15 of 2019) [2020] UGCommC 16 (28 May 2020)
An informal deposit of title creates an equitable mortgage permitting foreclosure and public auction sale to recover outstanding debt.
Mortgage law – informal/equitable mortgage – deposit of certificate of title constitutes a mortgage enforceable between parties. Civil procedure – Originating Summons – appropriate where issues are documentary and non‑contentious; oral evidence unnecessary. Mortgage Act – power of sale – mortgagee entitled to sale after notice; duty to obtain best price; sale by public auction absent mortgagor consent. Interest – no award for pre‑institution interest where no agreement; interest awarded from institution under court discretion. Costs – successful mortgagee entitled to costs.
 28 May 2020
Nambi Holdings Limited v Exim Bank Limited & 5 Ors (Miscellaneous Application No. 622 of 2019) [2020] UGCommC 14 (28 May 2020)
Court overruled objections: affidavits not prolix and status-quo dispute requires merits hearing.
Civil procedure – Interlocutory injunction – admissibility of affidavits – Order 19 Rule 3 (prolixity and argumentative matter) – Length alone insufficient to strike out. Civil procedure – Preliminary objections – factual disputes about change of possession/status quo are for hearing on merits, not disposal at preliminary stage.
 28 May 2020
Uganda Development Bank Ltd v Ringa Enterprises Co. Ltd & Anor (Miscellaneous Application No. 188 of 2017) [2020] UGCommC 20 (28 May 2020)
Review granted after discovery of a misfiled personal guarantee, reversing costs awarded to the respondent.
Civil procedure – Review (Order 46 CPR; S.82 CPA) – discovery of new and important evidence – misfiled personal guarantee qualifies for review. Contract/Guarantee law – Guarantor liability – arises on principal’s default; personal notice of default not required absent contractual stipulation. Execution – Taxed bill and execution set aside following successful review of underlying costs award. Procedure – Late filing of affidavit and change of advocate’s firm name excused where no prejudice shown.
 28 May 2020
Uganda Devolpment Bank Ltd v Ringa Enterprises Co. Ltd & Anor (Miscellaneous Application No. 188 of 2017) [2020] UGCommC 13 (28 May 2020)
Discovery of a misfiled personal guarantee justified review, reversing costs award and setting aside execution.
Civil procedure — Review of judgment (Order 46 CPR, Section 82 CPA) — Discovery of new and important evidence (misfiled personal guarantee) — Guarantee law — Guarantor’s liability upon default; no personal notice required — Set aside of costs award and execution.
 28 May 2020