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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.

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Plot 14, Lumumba Avenue, Nakasero.
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https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
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November 2021
Ariho v Standard Chartered Bank Uganda Ltd (H.C.Miscellaneous Application No. 560 of 2021) [2021] UGCommC 120 (30 November 2021)
Applicant granted unconditional leave to defend summary suit where retrenchment and insurance raise a triable issue.
Summary suit — leave to defend under Order 36/52 — requirement of bona fide triable issue; retrenchment as central triable fact; insurance cover for loan; burden of proof and appropriate role of trial to evaluate oral and documentary evidence.
 30 November 2021
Bank of Africa v Kalule & Ors; Gulberg Hides & Skins Ltd v Bank of Africa (H.C.Miscellaneous Application No. 126 of 2021) [2021] UGCommC 123 (30 November 2021)
Suit not res judicata; court allows amendment to add UGX 477,000,000 and sets procedural timelines.
Civil procedure – Res judicata – whether earlier judgments on one parcel and parties bar subsequent suit on different parcel and monetary claims; Amendment of pleadings – leave to amend counterclaim to add sums paid post-judgment; Costs to abide outcome.
 30 November 2021
Hass Petroleum Uganda Ltd v Source Oils Uganda Ltd (H.C.Miscellaneous Application No. 1019 of 2020) [2021] UGCommC 121 (30 November 2021)
Court refused default judgment, allowing late application due to former counsel’s mistake and upheld process server’s affidavit.
Civil procedure – summary suit and default judgment – whether an application to appear and defend filed out of time should be dismissed; capacity of a court process server to depose to affidavit matters; negligence of counsel as sufficient cause to extend or validate late filing; discretion to prefer merits over technical non-compliance.
 30 November 2021
Kasozi v Patel (H.C.Miscellaneous Application No. 503 of 2021) [2021] UGCommC 122 (30 November 2021)
Stay of execution granted pending appeal subject to deposit of 30% security to protect against substantial loss.
Civil procedure – Stay of execution – requirements under Order 43 r.4(3): substantial loss, no unreasonable delay, security for due performance of decree. Appeal practice – effect of execution pending appeal where default judgment extinguishes opportunity to present defence. Security for stay – court discretion to fix form and quantum of security (cash or bank guarantee; 30% of decretal sum).
 30 November 2021
DFCU Bank Limited v Supply Master Uganda Limited and Another (Civil Appeal 1185 of 2021) [2021] UGCommC 190 (22 November 2021)
A garnishee order cannot attach funds the garnishee does not owe; registrar erred making it absolute.
Civil procedure – Garnishee proceedings – Order nisi and order absolute – Only monies due from garnishee to judgment debtor and in garnishee’s custody at service are attachable. Banker–customer relationship – bank is debtor only to extent of credited balance; cannot be ordered to pay sums it does not owe. Insolvency – court should not allow garnishment to prefer one creditor where debtor is insolvent or probably insolvent. Appeals – validation/enlargement of time for belated appeals; standards of review of Registrar’s discretionary orders.
 22 November 2021
Guaranty Trust Bank (U) Limited v Dokwals Uganda Limited and Another (Civil Suit Originating Summons 1 of 2021) [2021] UGCommC 189 (10 November 2021)
Whether a mortgagee may obtain foreclosure, public-auction sale and vacant possession after borrower defaults and fails to redeem.
Mortgage law – Foreclosure – Foreclosure extinguishes mortgagor’s equity of redemption where borrower defaults and fails to redeem. Power of sale – Public auction v private treaty – mortgage deed silence and lack of mortgagor consent require public auction under Mortgage Act and Regulations. Possession – Vacant possession ordered following foreclosure. Procedure – Originating summons appropriate where no substantial dispute of fact in mortgage foreclosure matters.
 10 November 2021
Democratic Governance Facility v Uganda Youth Network and 4 Others (Civil Suit 954 of 2020) [2021] UGCommC 182 (3 November 2021)
The applicant (an intergovernmental facility) possesses international and domestic legal personality and capacity to sue; embassy reference struck out.
Intergovernmental organisations; international legal personality; domestic recognition of international personality; locus standi and capacity to sue; interpretation of constituent MOU; agent v principal in litigation; diplomatic immunity and waiver.
 3 November 2021
Dilipkumar Patel and 5 Others v Kashyapkumar Patel and 10 Others (Miscellaneous Application 840 of 2021) [2021] UGCommC 183 (3 November 2021)
Whether a contempt order imposing punitive fines can bar the applicant from further hearings absent a purge mechanism.
Contempt of court — civil vs criminal contempt — purging civil contempt — punitive fines and damages payable to court indicate criminal contempt — preliminary objection to hearing pending purge — court may refuse to allow contempt order to stifle adjudication where no purge mechanism exists.
 3 November 2021
Gallad Abi Samatar v Mohamud Abdule Mohammed (Civil Miscellaneous Application No. 13 of 2020) [2021] UGCommC 118 (1 November 2021)
Bare allegations of forgery without evidence do not create a triable issue to resist summary judgment.
Civil procedure – Summary suit (Order 36 r.4 & r.5 CPR) – leave to appear and defend – requirement to show bona fide triable issue and sufficient affidavit disclosure; Allegation of forgery – bare assertion without evidential foundation insufficient to raise triable issue; Evidence – deed of acknowledgment and post‑dated cheques as prima facie proof; Payment history – post‑commencement payment reduces recoverable sum; Conditional leave – available where bona fides doubtful.
 1 November 2021
Letshego Uganda Limited v Kulayige (Originating Summons No. 5 of 2020) [2021] UGCommC 119 (1 November 2021)
Where statutory notices were complied with, the plaintiff may obtain vacant possession and sell the mortgaged land by public auction to recover debt.
Mortgage Act – foreclosure and sale – requirement of registered mortgage and compliance with notice provisions; Mortgage Regulations – consent to sale by private treaty must be by specific written notice and not retrospective; Mortgagee’s duty to obtain best price and sell by public auction absent valid mortgagor consent; entitlement to vacant possession to enable sale; contractual interest enforceable if reasonable.
 1 November 2021