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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.
Visit website
https://judiciary.go.ug/data/smenu/17/Commercial%20Court%20Division.html
10 judgments
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10 judgments
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Judgment date
November 2022
Beiersdorf East Africa Limited and Another v Dembe Trading Enterprises Limited (Miscellaneous Appeal 45 of 2022) [2022] UGCommC 174 (30 November 2022)
Court set aside registrar’s injunction and dismissed suit for lack of jurisdiction due to an enforceable exclusive forum clause.
Court procedure – Time to appeal runs from date of pronouncement (including electronic delivery via ECCMIS); Jurisdiction – procedural versus substantive challenge; Registrar’s powers – interlocutory steps v. matters disposing of a suit (Order 50(7)); Contract law – enforceability of exclusive forum-selection clauses; Tort of procurement – suing third parties does not automatically displace an agreed exclusive jurisdiction clause.
 30 November 2022
Kironde v Phrase Technical Services Limited & Another (Civil Suit 166 of 2022) [2022] UGCommC 189 (30 November 2022)

 

 30 November 2022
Uganda National Roads Authority v Kaaya L. Enterprises Limited (Civil Suit 836 of 2016) [2022] UGCommC 182 (30 November 2022)

 

 30 November 2022
Blue Pearls Company Limited v Britam Insurance Company Limited (Miscellaneous Cause 93 of 2021) [2022] UGCommC 181 (19 November 2022)

 

 19 November 2022
Emirates Safaris v The Development Analyst (Miscellaneous Application 458 of 2022) [2022] UGCommC 178 (19 November 2022)

 

 19 November 2022
Munywevu and Another v Maersk Agency Uganda Limited (Civil Suit 528 of 2021) [2022] UGCommC 151 (10 November 2022)
Carrier liable for mis‑description and delay; cargo released and plaintiffs awarded damages; demurrage counterclaim dismissed.
Carriage of goods – carrier’s duty to verify bill of lading and manifest; liability for mis‑description and delay. Agency – freight forwarder as shipper’s agent; liner agent as carrier’s agent; apparent authority to issue documents. Hague‑Visby Rules – shipper’s furnished figures; carrier’s obligation and limits; indemnity for inaccuracies not applicable where carrier at fault. Remedies – release of cargo, damages, dismissal of demurrage counterclaim and award of costs and interest.
 10 November 2022
Fresh Cuts (U) Limited v Aya Investments (U) Limited (Bankruptcy Cause 3 of 2021) [2022] UGCommC 177 (7 November 2022)

 

 7 November 2022
Kitonsa v Pio Padre Group Limited & 4 Others (Civil Suit 185 of 2021) [2022] UGCommC 185 (7 November 2022)

 

 7 November 2022
Victoria Seeds Limited v Sunde (Miscellaneous Cause 11 of 2022) [2022] UGCommC 186 (7 November 2022)

 

 7 November 2022
Byenkya Kihika and Company Advocates v Fang min (Misc Cause 52 of 2022) [2022] UGCommC 154 (3 November 2022)
Whether the applicant may enforce non‑notarised contingency fee agreements against the respondent and tax an advocate‑client bill.
Advocates Act s48–51 — fee agreements; notarisation and Law Council registration — non-compliance renders agreement unenforceable; champerty/contingency/success fees — prohibition and public policy; Taxing Officer’s jurisdiction limited to quantum — questions of validity for a Judge; s50(3)/(4) — court power to set aside unfair/unreasonable agreements; fiduciary duty — overreaching and professional misconduct; advocate-client taxation — not available where agreement illegal or unconscionable.
 3 November 2022