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
14 judgments
Advanced search
All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
14 judgments
Citation
Judgment date
December 2022
Sombha Solutions Store Limited v The Bandwidth and Cloud Services Group Limited (Miscellaneous Application 1415 of 2022) [2022] UGCommC 201 (30 December 2022)
Application to defend a summary suit filed three days late and unsworn excuse led to striking out and judgment for the respondent.
Civil procedure – Order 36 summary procedure – requirement to apply for leave to defend within ten days of service – non-compliance results in decree. Civil procedure – Extension/validation of time – must be sought by notice and supported by affidavit; negligence of counsel not admissible when unsworn. Summary suits – court will not consider merits where procedural time limits are not complied with.
 30 December 2022
AC Yafeng Construction Company Limited v The Living World Assembly and Others (Civil Suit 739 of 2021) [2022] UGCommC 103 (27 December 2022)
Court overruled objections: plaintiff may sue bank and director for fraudulent call on performance guarantee despite arbitration on construction contract.
Civil procedure – preliminary objections – cause of action – corporate veil – piercing veil for fraud; Arbitration – scope and competence – arbitration clause vs. guarantee disputes involving non‑signatory guarantor; Bank guarantees – autonomy and independence of demand guarantees; Fraud exception to autonomy of guarantees; Res judicata – interlocutory orders not final on merits.
 27 December 2022
Uganda Electricity Distribution Company Limited v Citi Bank Uganda Limited and 2 Others (Miscellaneous Application No. 1397 of 2022) [2022] UGCommC 98 (22 December 2022)
Court granted interim injunction restraining payment of a demand guarantee due to a strong prima facie case of fraudulent demand.
Banking law – Demand performance guarantees – autonomy and strict compliance principles – narrow fraud exception where beneficiary’s demand is materially misrepresented. Contract law – Privity and collateral (tripartite) contract exception – locus of applicant (non‑party) to challenge guarantee enforcement. Interim relief – interlocutory injunction – prima facie case, irreparable harm, balance of convenience.
 22 December 2022
Uganda Electricity Transmission Company Limited v Citi Bank Uganda Limited and Others (Miscellaneous Application 1397 of 2022) [2022] UGCommC 102 (22 December 2022)
Applicant established a strong prima facie fraud and obtained an injunction restraining payment under an on‑demand guarantee.
Bank guarantees — demand performance guarantee — autonomy principle and fraud exception; collateral contract/privity exception — locus standi of applicant; whether beneficiary’s demand was manifestly fraudulent; interim injunction to restrain payment pending main suit.
 22 December 2022
DFCU v Uganda Signs Limited &2 Others (Originating Summons 17 of 2018) [2022] UGCommC 176 (20 December 2022)
Equitable mortgage perfected by deposit of title and caveat; mortgagor ordered to pay declared debt or face foreclosure.
Mortgage law – equitable mortgage: deposit of certificate of title and lodging of caveat perfect equitable mortgage under RTA s.129; Foreclosure procedure – section 8 Mortgage Act; Remedies – declaration of indebtedness, payment within fixed time, return to court for foreclosure and sale; Notice by publication where respondent absent.
 20 December 2022
Miraj v Salvation Army (Civil Suit 713 of 2015) [2022] UGCommC 180 (19 December 2022)
19 December 2022
MSS XSABO Power Limited and Others v Great Lakes Energy Company NV (Miscellaneous Application 1567 of 2022) [2022] UGCommC 101 (12 December 2022)
Leave to appeal refused: interim arbitral protective orders are not appealable absent statute or parties’ agreement.
Arbitration — interim/provisional measures — appealability — limited court intervention; party autonomy and finality of arbitral process; appeals only where statute or parties’ agreement permits questions of law arising out of award.
 12 December 2022
Roughton International Ltd and Others v Uganda Investment Authority and Another (Miscellaneous Cause No. 87 of 2022) [2022] UGCommC 199 (12 December 2022)
A court declined to grant interim protection after termination of a contract, finding no prevailing status quo to preserve.
Arbitration – Interim measures – Temporary injunction – Status quo – Contract termination – Prima facie case – Irreparable harm – Balance of convenience – Judicial discretion – Enforcement of arbitral proceedings.
 12 December 2022
Alliaz Pharmacy Limited v Stanbic Bank Uganda Limited (Civil Suit 246 of 2010) [2022] UGCommC 179 (8 December 2022)
8 December 2022
Mulindwa T/a Mulindwa Associates and Co. Advocates v Baliruno (Miscellaneous Application 4 of 2020) [2022] UGCommC 170 (7 December 2022)
Leave granted to file and tax an advocate–client bill after service and absence of evidence of prior payment.
Advocates Act s.57 – action to recover advocate’s costs – requirement of delivery and service of bill; Advocate–client bill of costs – nature: professional fees and disbursements payable by client irrespective of outcome; Taxation – role of taxing officer in assessing recoverability and reasonableness; Evidence – burden to prove prior payments or discharge of the bill.
 7 December 2022
Nangumya T/a Namgumya and Company Advocates v Security Plus (U) Limited (Miscellaneous Application 858 of 2021) [2022] UGCommC 152 (7 December 2022)
Court validated a belated memorandum of appeal due to court delay and counsel's mistake, refusing to strike it out.
Civil procedure – appeals – limitation periods – section 79 CPA – time excluded for court’s delay in preparing certified record – appeal commenced by memorandum of appeal – validation/enlargement of time – mistakes of counsel not ordinarily visited on litigant – discretion to admit late appeal for good cause.
 7 December 2022
Kaweke v Musinguzi (Civil Suit 959 of 2020) [2022] UGCommC 183 (6 December 2022)
6 December 2022
Uganda Registration Services Bureau v Stellar Properties Limited (Miscellaneous Application 1495 of 2022) [2022] UGCommC 184 (6 December 2022)
6 December 2022
Uganda Development Corporation v Rock trust Contractors Limited (Miscellaneous Application 85 of 2019) [2022] UGCommC 153 (2 December 2022)
Court upheld contract balance but set aside arbitral awards for variations and design costs for breaching procurement law.
Arbitration — validity of appointment; kompetenz‑kompetenz; waiver by participation. Arbitration — jurisdictional limits; ultra petita/infra petita. Natural justice — bias and misconduct thresholds. Public policy — incompatibility of arbitral awards with mandatory procurement regulations (Regulations 54, 55). Quantum meruit cannot displace clear statutory procurement limits.
 2 December 2022