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

16 judgments

Advanced search

All years

All months

Filters

Sort by:

16 judgments

Citation	Judgment date
July 2021
Simbamanyo Estates Limited and Anor v Equity Bank (U) Limited and 3 Others (Civil Miscellaneous Application No. 224 of 2021) [2021] UGCommC 30 (30 July 2021)	30 July 2021
Bumenze v National Crime Preventers Forum (Civil Suit No. 877 of 2017) [2021] UGCommC 28 (27 July 2021)	27 July 2021
Kenry Investiment Limited v Irumba (Civil Suit No. 650 of 2017) [2021] UGCommC 27 (27 July 2021)	27 July 2021
Balaaga v Muyimbwa (H.C.Miscellaneous Application No. 974 of 2021) [2021] UGCommC 106 (23 July 2021) Application for urgent execution during COVID-19 lockdown refused for lack of extreme urgency and public health/security concerns. Civil procedure – Certificate of urgency – Execution of land during court vacation and COVID-19 lockdown – Burden to prove urgency; public health and security risks of land evictions; prior attachment and alternative remedies (contempt proceedings, recovery post-vacation, injunctions).	23 July 2021
MFK Corporation Ltd v Diamond Trust Bank Ltd (H.C.Miscellaneous Application No. 96 of 2021) [2021] UGCommC 86 (23 July 2021) Court granted a certificate of urgency to hear interim and injunction applications during vacation to prevent imminent property disposal. Court vacation – Certificate of urgency – Rule 4 Judicature (Court Vacation) Rules – Urgency and irreparable harm as ground to hear civil matters during vacation – Direction to Registrar to fix hearing – Costs awarded.	23 July 2021
Mugisha v Ssetimba and Ors (H.C.Miscellaneous Application No. 973 of 2021) [2021] UGCommC 85 (23 July 2021) Court granted certificate of urgency to hear injunctions to prevent imminent sale of disputed matrimonial property. Civil procedure – Certificate of urgency – Granting of urgency to hear interim injunctions during court vacation; Judicature (Court Vacation) Rules r.4; Matrimonial property – Alleged unauthorised transfer and imminent sale – risk of irreparable harm; Registrar ordered to fix hearings and ensure service; Costs awarded.	23 July 2021
Katungye v Goldmine Finance Ltd (H.C.Miscellaneous Application No. 966 of 2021) [2021] UGCommC 89 (22 July 2021) A certificate of urgency was granted to hear a temporary injunction during court vacation to prevent likely prejudice from a pending property sale. Civil procedure – Court vacation – Rule 4 Judicature (Court Vacation) Rules – Certificate of Urgency to hear civil business during vacation when urgency shown. Interim relief – Temporary injunction – urgency where respondent advertises sale of disputed property risking rendering main suit nugatory. Registrar directions – fixing hearing and ensuring service; costs awarded.	22 July 2021
Parsha International Limited T/a Champion Bet /Slots v Homebet Limited (Civil Miscellaneous Application 598 of 2021) [2021] UGCommC 168 (19 July 2021) Application to set aside arbitral award dismissed as timely but lacking statutory or public policy grounds. Arbitration — setting aside award — statutory one‑month limitation — construction of “month” as 31 days for fair notice. Arbitration — scope of judicial review — courts do not re‑examine merits, errors of law or fact are not automatic grounds for vacatur. Arbitration — public policy — award enforceable absent fraud, illegality, or conflict with fundamental public policy. Civil procedure — enforcement — leave granted under section 36 to enforce arbitral award.	19 July 2021
Kampala Associated Advocates v Katamba (Miscellaneous Application 677 of 2021) [2021] UGCommC 170 (15 July 2021) Failure to take summons for directions does not automatically abate proceedings absent a serious, prejudicial departure from procedure. Civil procedure — Abatement for want of prosecution — Order 11A (summons for directions) — Mandatory versus directory construction of procedural rules — Serious departure from fundamental rule required to terminate proceedings — Effect of delay in objecting.	15 July 2021
Bet City (U) Limited and Another v Swangz Avenue (U) Limited (Civil Miscellaneous Application No. 1177 of 2020) [2021] UGCommC 46 (14 July 2021)	14 July 2021
Bunyonyi Engineering Work Limited v Kampala Capital City Authority (Civil Suit No. 876 of 2018) [2021] UGCommC 47 (14 July 2021)	14 July 2021
Rajnishjain (Administor of the Estate of the late R.L Jain) v Lokii peter Abraham (Civil Suit No. 277 of 2013) [2021] UGCommC 48 (14 July 2021)	14 July 2021
Petrocity Enterprises Uganda Limited v Mota -Engil Engenharia Construcao SG and Another (Miscellaneous Application 891 of 2021) [2021] UGCommC 169 (13 July 2021) Application for attachment before judgment dismissed for lack of credible evidence of asset dissipation and inadequate disclosure. Civil procedure – Attachment before judgment (Mareva-type relief) – Section 94 Civil Procedure Act and Order 40 CPR – requirements: good arguable case; real risk of dissipation with intent to frustrate judgment; full and frank disclosure; proportionality – defective affidavit and lack of credible evidence – application dismissed; impact of COVID-19 suspension of execution proceedings.	13 July 2021
SABA GIFCO Uganda Limited v DHL Global Uganda Limited (Civil Suit 138 of 2016) [2021] UGCommC 147 (12 July 2021) Respondent liable for proven idle-time charges; customs-delay risk implied on respondent; applicant awarded US$9,500 plus interest and costs. Contract construction – implied terms – allocation of risk for customs delays; liquidated damages clause valid and not a penalty; party responsible for port passes bears access delay risk; assessment of special damages by invoice-specific factual analysis; interest awarded for wrongful withholding of money.	12 July 2021
Spring Freight Logistics Limited v Amoo Holding International Limited and Others (Civil Suit 556 of 2019) [2021] UGCommC 148 (12 July 2021) Dishonoured post‑dated cheques established the company’s indebtedness; directors not personally liable; sums and interest awarded. Contract law – existence of contract – admissions in pleadings and documentary evidence (post‑dated cheques) as prima facie proof of indebtedness. Bills of Exchange – cheques dishonoured – cheque as prima facie evidence of debt and drawer’s liability. Company law – corporate veil – requirements to pierce corporate veil; no personal liability without evidence of sham or misuse. Remedies – special damages in pleaded currencies, interest to compensate delay, general damages not awarded where interest suffices.	12 July 2021
Atlas Cargo Systems Limited v Sky Masters General Contractors Limited (Civil Suit No. 50 of 2020) [2021] UGCommC 53 (9 July 2021)	9 July 2021