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

14 judgments

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14 judgments

Citation	Judgment date
April 2023
Kayemba v Kalagala (Civil Suit 287 of 2021) [2023] UGCommC 178 (28 April 2023) Interlocutory judgment wrongly entered; buyer’s repudiatory conduct discharged contract, so specific performance and purchase-price claim dismissed. Civil procedure – interlocutory judgment – Registrar’s entry under wrong rule – Order 9 Rule 8 applicability; Contract law – repudiation/renunciation by suing for return of deposit – breach discharging contract; Remedies – specific performance inappropriate where claimant remains in possession – damages preferable.	28 April 2023
Nitro Chemicals (U) Limited v Makula Construction Limited (Civil Suit 71 of 2020) [2023] UGCommC 179 (28 April 2023) Undefended defendant’s liability confirmed; plaintiff proved quantum and awarded USD 17,726, damages, interest and costs. Commercial law – recovery of unpaid invoices – proof of indebtedness where defendant fails to file a defence Civil procedure – effect of interlocutory judgment under Order 9 r.8 and plaintiff’s duty to prove quantum Damages – assessment of general damages for inconvenience and unhonoured cheques Interest – court’s discretion under s.26(2) Civil Procedure Act to award a reasonable rate	28 April 2023
Asiimwe and Another v Round Off International Limited (Civil Suit 576 of 2020) [2023] UGCommC 84 (27 April 2023) Employment disputes under the Employment Act should be pursued before a labour officer; High Court suit dismissed for improper forum. Employment law – Jurisdiction – Section 93 Employment Act 2006 – Remedy by complaint to labour officer – Alternative statutory forum – High Court’s unlimited jurisdiction but policy to refer employment disputes to labour officers/Industrial Court – Preliminary objection on forum sustainable.	27 April 2023
Deirdre v Joyland Enterprises (Civil Suit 957 of 2019) [2023] UGCommC 145 (27 April 2023) Plaintiff disclosed a cause of action; corporate name misnomer is amendable; failure to take summons for directions not fatal. Cause of action — requirements (right, violation, liability) — plaint and annexures; Misnomer — omission of "Limited" amendable; Corporate identity — directors and company responsibility; Civil Procedure — summons for directions (Order 11A R.1(1) CPR 2019) — purpose and non-fatal non-compliance.	27 April 2023
Eyre Malik Agar v Gen. Moru Jijiyo and 3 Others (Miscellaneous Application No. 53 of 2023) [2023] UGCommC 18 (25 April 2023)	25 April 2023
P' Odur v Watmon (Civil Appeal 115 of 2019) [2023] UGCommC 221 (23 April 2023) L.C.II jurisdiction upheld, but respondent's 1978 allocation lacked statutory basis; appellant's earlier purchase-based title upheld. Civil procedure – jurisdiction – concurrent jurisdiction of Parish/Ward (L.C.II) courts and District Land Tribunals – absence of operational land tribunal. Land law – unregistered/public land – nemo dat quod non habet – urban authority cannot validly allocate land not vested in it or without statutory lease. Evidence – proof of root of title and balance of probabilities in competing unregistered title claims.	23 April 2023
Okuja v Uganda Revenue Authority (Civil Appeal 57 of 2020) [2023] UGCommC 157 (18 April 2023)	18 April 2023
Kamya v Nakazibwe (Miscellaneous Application 72 of 2023) [2023] UGCommC 91 (14 April 2023) Applicant failed to establish arguable grounds for leave to appeal; application dismissed with costs. Civil procedure – Leave to appeal – Order 44 Rule 1(2) CPR – Applicant must show reasonable chance of success or arguable grounds; discretionary orders require a stronger case. Amendment of pleadings – draft amended written statement of defence treated as basis for amendment – competence and instruction to counsel in filing amendments. Relief refused – application for leave and stay dismissed with costs.	14 April 2023
AM Lanka Trading Uganda Limited v Mbaziira (Civil Suit 390 of 2020) [2023] UGCommC 83 (13 April 2023) Whether plaintiff proved breach of a vehicle sale agreement and is entitled to the unpaid balance, interest and damages. Contract law – sale of goods/motor vehicle – breach of payment terms; Evidence – burden of proof on plaintiff even in ex parte/formal proof; Damages – unpaid balance recoverable; interest discretionary (20% p.a. awarded); Special damages must be specifically pleaded and strictly proved; General damages awarded for depreciation and inconvenience; Costs follow the event.	13 April 2023
Master Grain Milling Limited v Cargo Movers Limited (Miscellaneous Application 830 of 2022) [2023] UGCommC 284 (13 April 2023)	13 April 2023
ICEA General Insurance Co. Limited v Kiganda (Civil Suit 993 of 2017) [2023] UGCommC 286 (12 April 2023)	12 April 2023
Ssekatawa & 3 Others v Mogo Loans SMC Limited (Civil Suit 503 of 2021) [2023] UGCommC 282 (12 April 2023)	12 April 2023
Smile Communications Uganda Limited v ATC Uganda Limited and Another (Arbitration Cause 4 of 2022) [2023] UGCommC 30 (11 April 2023) Court set aside arbitral award for unilateral time extensions and reasonable apprehension of arbitrator partiality. Arbitration — Arbitrability of contractual electricity billing disputes — Limited judicial review of arbitral awards — Procedural compliance with agreed timelines — Mandate effluxion — Arbitrator impartiality and continuing duty of disclosure — Award set aside for late delivery and reasonable apprehension of bias.	11 April 2023
Gorrepati v Grant Thornton Management and Another (Miscellaneous Application 418 of 2023) [2023] UGCommC 36 (3 April 2023) Purchaser of unregistered condominium units during pending litigation cannot defeat execution; application dismissed with costs. Objector proceedings; possession (actual and constructive) and proof required; condominium units not severable absent registered condominium plan and unit titles; lis pendens/pendente lite transfers; arm’s‑length transaction and collusion in execution proceedings.	3 April 2023