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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
12 judgments
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12 judgments
Citation
Judgment date
July 2020
Performance Furnishings Limited & Anor v Diamond Trust Bank Limited (Miscellaneous Application No. 300 of 2020) [2020] UGCommC 29 (17 July 2020)
17 July 2020
Performance Furnishing (U) Ltd v Diamond Trust Bank(U) Ltd (Miscellaneous Civil Application No. 300 of 2020) [2020] UGCommC 27 (17 July 2020)
17 July 2020
Attorney General v Wabyona (Miscellaneous Application No. 399 of 2020) [2020] UGCommC 23 (14 July 2020)
Plaint challenging a settlement deed dismissed for lack of locus standi and breach of lis pendens as an abuse of process.
Civil procedure – locus standi for public interest suits under Article 17 – requirement to exhaust remedies and particularize allegations; Lis pendens – subsequent suit barred if directly and substantially same matter pending; Consent decree/settlement deed reduced to court order – can only be revisited by appeal or review in prior proceedings.
 14 July 2020
Curtis, Mallet-Prevost, Colt & Mosle LLP v Wabyona (Miscellaneous Application No. 369 of 2020) [2020] UGCommC 22 (14 July 2020)
Electronic service without prior leave under Order 5 is ineffective and does not confer jurisdiction on the High Court.
Civil Procedure – Service out of jurisdiction – Order 5 rules 22, 24 and 26 CPR – leave mandatory before service; Legal Notice No.6 of 2019 permits electronic service but does not negate Order 5 leave requirement – electronic service ineffective without prior leave – jurisdiction not invoked where service invalid.
 14 July 2020
Tullow Uganda Limited & Anor v Wabyona (Miscellaneous Application No. 393 of 2020) [2020] UGCommC 24 (14 July 2020)
Plaint struck out for failing to disclose a cause of action and being barred by lis pendens and lack of public-interest locus standi.
Civil procedure – res judicata – consent decree on tax liability; lis pendens – pending review of same Settlement Deed; public-interest locus standi – Article 17 – requirement to exhaust other remedies; pleadings – requirement to particularise allegations of corruption/fraud to disclose cause of action; appropriate remedy – judicial review vs ordinary suit.
 14 July 2020
Uganda Revenue Authority v Wabyona (Miscellaneous Application No. 416 of 2020) [2020] UGCommC 25 (14 July 2020)
Respondent lacked locus standi and the suit was barred by lis pendens; plaint struck out for no cause of action.
Constitutional/public-interest actions – locus standi – requirements under article 17: citizenship, sufficient interest, gravity, "high constitutional principle", and steps taken to protect public property. Civil procedure – striking out plaint – failure to disclose cause of action and incompetent plaint. Civil procedure – lis pendens – previously instituted proceedings raising substantially the same issues bar subsequent suit.
 14 July 2020
Wabyona v TullowOil Uganda & 6 Ors (Civil Suit No. 296 of 2020) [2020] UGCommC 21 (14 July 2020)
Plaintiff lacked locus standi and failed to exhaust remedies; plaint struck and suit dismissed for lis pendens, defective service, and lack of jurisdiction.
Administrative law – requirement to exhaust available judicial review/administrative remedies before instituting ordinary suit; Civil procedure – locus standi to challenge public settlement deeds; Lis pendens – dismissal/strike out where substantially similar matter pending; Service out of jurisdiction – compliance with Order 5 rules 22 & 24; Jurisdiction – High Court may lack jurisdiction over some defendants.
 14 July 2020
Linyi Huatai Battery Manufacture Co Ltd v Musa AF Enterprises Co Ltd (Miscellaneous Civil Application No. 425 of 2020) [2020] UGCommC 26 (13 July 2020)
Court granted ex parte Anton Piller order for inspection and seizure of alleged trademark‑infringing goods and documents.
Anton Piller order – ex parte relief – trademark infringement and passing off – three‑part test: extremely strong prima facie case; serious damage; real risk of destruction of incriminating materials – inspection and seizure permitted – inter partes hearing within 15 days.
 13 July 2020
Linyi Huatai Battery Manufacturing Company Ltd v Muse AF Enterprises Compnay Limited (Miscellaneous Application No. 425 of 2020) [2020] UGCommC 28 (13 July 2020)
Ex parte Anton Piller order granted to inspect and seize alleged trademark-infringing goods; inter partes hearing within 15 days.
Trade mark law – Anton Piller (search and seizure) orders – criteria for ex parte grant: extremely strong prima facie case; serious or irreparable damage; clear evidence of incriminating material and real risk of destruction – inter partes hearing to follow; costs in the cause.
 13 July 2020
Money lenders Association of Uganda Ltd and Another v Uganda Registration Services Bureau (Company Cause No. 11 of 2019) [2020] UGCommC 153 (10 July 2020)
Suit dismissed: company’s purported representative lacked mandate and the Registrar was the wrong respondent, so the claim failed.
Company law — representation — requirement that company be represented in court by an advocate or an agent holding a power of attorney; Civil Procedure — O.3 R.1–2 CPR — recognized agents; Administrative/quasi‑judicial body — proper respondent in challenges to decisions; locus standi — representative who is party to contested decision lacks mandate to sue on behalf of principal.
 10 July 2020
Sseguya & 2 Others v Airtel Uganda Limited (Civil Suit 584 of 2015) [2020] UGCommC 173 (8 July 2020)
8 July 2020
Ssemaganda & Another v Bank of Africa & Another (Civil Suit 185 of 2015) [2020] UGCommC 175 (4 July 2020)
4 July 2020