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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
9 judgments
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9 judgments
Citation
Judgment date
September 2022
Sajjabi v Heng Rong International Limited (Civil Suit 991 of 2020) [2022] UGCommC 188 (29 September 2022)
29 September 2022
Ambitious Construction Company Limited v Uganda National Culture Center (Miscellaneous Application No. 441 of 2020) [2022] UGCommC 83 (26 September 2022)
Where an arbitration clause exists and no appointing authority, the court can appoint an arbitrator and close the suit.
Arbitration Act s.5 – stay of proceedings and referral to arbitration; court appointment of arbitrator where appointing authority unavailable; requirements for s.5 (defence filed, hearing); court jurisdiction to intervene; costs to abide arbitration.
 26 September 2022
GoodWill Lab Supplies v National Drug Authority (Civil Suit No. 58 of 2021) [2022] UGCommC 88 (23 September 2022)
Decretal payment under a supply contract awarded; 25% interest not proved, court awarded 6% from filing and costs to plaintiff.
Contract law – recovery of sums under a framework supply contract – partial consent judgment upheld as decretal sum. Civil Procedure – interest on money decree – court discretion to award interest; high claimed rate must be pleaded and proved. Evidence – inability to rely on unfiled bank/default documents in the trial bundle. Costs – costs follow the event; successful party awarded costs.
 23 September 2022
Kiiza v Kashaija and 3 Others (Civil Suit No. 894 of 2019) [2022] UGCommC 82 (22 September 2022)
Written friendly loan agreements were enforceable; excessive default interest reduced and guarantors held jointly and severally liable.
Commercial law – Friendly loan agreements – Parol evidence rule (Sections 91–92 Evidence Act) – Written agreements binding; illegality defence requires proof of trading as unlicensed money lender; Interest – default interest may be restrained as harsh and unconscionable under Section 26 Civil Procedure Act; Court reduced contractual default interest to 24% p.a.; Guarantee law – guarantors jointly and severally liable on principal debtor's default; Property – retention of title not enforceable as additional security absent written agreement; Order to release title and remove encumbrances.
 22 September 2022
Vrund General Hardware Limited v Quartz Foundation Limited (Miscellaneous Application 1141 of 2022) [2022] UGCommC 166 (19 September 2022)
19 September 2022
Equity Bank (U) Limited v Mugisha (Civil Appeal 1782 of 2021) [2022] UGCommC 150 (16 September 2022)
Failure of the Taxing Officer to give intelligible reasons vitiated the taxation award and justified remittal for fresh taxation.
Costs — Taxation — Party-and-party bill — Requirement for Taxing Officer to give intelligible reasons — Failure to give reasons vitiates award — Appellate interference where discretion exercised on wrong principle or results in injustice.
 16 September 2022
Lweza Clays Limited and Another v Tropical Bank Limited and Another (Miscellaneous Application 625 of 2008) [2022] UGCommC 168 (14 September 2022)
Applicant’s injunction to restrain sale by mortgagee dismissed; damages adequate and balance of convenience favoured respondent.
Interim injunctions – interlocutory relief – test of prima facie case, irreparable harm and balance of convenience – mortgage security and receivership – adequacy of damages as remedy – commercial property sales.
 14 September 2022
KCB Bank Limited v Formula Feeds Limited and 5 Others (Miscellaneous Application 681 of 2021) [2022] UGCommC 167 (12 September 2022)
Court finds judgment debtors in civil contempt for procuring special titles and transfers to frustrate court-ordered rectification.
Contempt of court – civil contempt for deliberate disobedience of a clear rectification order; Land law – rectification under s.91 Land Act to convert mailo to leasehold; Validity of special certificates and transfers – nemo dat and illegality where transferee/corporate status disqualifies tenure; Remedies – cancellation of certificates/transfers, fines, conditional imprisonment, compensation and costs.
 12 September 2022
Kaliisa John and Others v Cranes Associated Advocates and Others (Miscellaneous Cause No. 056 of 2022) [2022] UGCommC 195 (8 September 2022)
The court declined jurisdiction to bar advocates from arbitral proceedings, holding such disputes must be resolved by the arbitrators.
Arbitration – Court jurisdiction – Section 9 of Arbitration and Conciliation Act – Judicial intervention in arbitral proceedings – Conflict of interest in representation – Professional conduct of advocates – Objections to representation to be raised before arbitral tribunal.
 8 September 2022