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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
15 judgments
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15 judgments
Citation
Judgment date
May 2023
Kata v Uganda Export Promotion Board (Civil Suit 742 of 2020) [2023] UGCommC 175 (31 May 2023)
31 May 2023
Pramukh Steel Limited v Guangzhou Donsong Energy Group (U) Co. Limited (Civil Suit 22 of 2021) [2023] UGCommC 176 (31 May 2023)
Interlocutory judgment affirmed; plaintiff proved debt and was awarded USD debt, reduced interest, general damages and costs.
Civil procedure – interlocutory judgment vs default judgment – requirement for formal proof where interlocutory judgment entered. Evidence – burden on plaintiff to prove liability and quantum on a balance of probabilities even in undefended proceedings (s.101 Evidence Act). Contract/sale of goods – proven supply and outstanding debt recoverable by judgment. Interest – court’s discretion to award interest; commercial debt interest reduced to 12% per annum. Damages – award of general damages and costs follow event (s.27 Civil Procedure Act).
 31 May 2023
Luswata & Another v Asiimwe (Civil Appeal 32 of 2021) [2023] UGCommC 291 (25 May 2023)
25 May 2023
Luwaluwa Investments Limited v Uganda Revenue Authority (Civil Appeal 43 of 2022) [2023] UGCommC 160 (22 May 2023)
Foreclosure sale proceeds are recoveries of principal and exempt interest; purchaser owed no withholding on those amounts.
Tax law – withholding on purchase of business asset (s118B(2) ITA) – characterization of foreclosure sale proceeds as recovery of principal and interest – conflict between s118B(2) and s117(2)(b) (interest exemption for financial institutions) – mortgagee’s power of sale and application of proceeds under the Mortgage Act – statutory interpretation in favour of taxpayer where tax provisions conflict or are ambiguous.
 22 May 2023
Ankunda v Housing Finance Bank Limited (Miscellaneous Application 1445 of 2022) [2023] UGCommC 289 (15 May 2023)
15 May 2023
Aya Investments (U) Limited v Industrial Development Corporation of South Africa (Miscellaneous Cause 58 of 2021) [2023] UGCommC 143 (15 May 2023)
Ugandan court dismisses challenge to South Africa arbitral award: seat is South Africa, disputes under loan agreements arbitrable, no proven bias or denial of fair hearing.
Arbitration — seat of arbitration — exclusive supervisory jurisdiction of courts at seat; Arbitrability — wide arbitration clauses cover disputes under Financial Credit Agreements; Collateral securities governed by Ugandan law not automatically arbitrable; Enforcement — New York Convention and Arbitration Act govern recognition and enforcement; Fair hearing — non-participation and failure to pursue stay can preclude later challenge; Bias — speculative connections between counsel and administering body insufficient to show evident partiality; Contempt — injunctions must be clear to restrain arbitration.
 15 May 2023
Sanlam General Insurance Limited v Quality Milk Dairies Limited (Miscellaneous Application 51 of 2023) [2023] UGCommC 285 (15 May 2023)
15 May 2023
ECO Bank Uganda Limited v Fone Plus Limited & 2 Others (Civil Suit 164 of 2021) [2023] UGCommC 287 (12 May 2023)
12 May 2023
Ecobank Uganda Limited v Fone Plus Limited & Others (Civil Suit 776 of 2021) [2023] UGCommC 146 (12 May 2023)
12 May 2023
Standard Chartered Bank Uganda Limited v Kanakulya & Another (Civil Suit 23 of 2018) [2023] UGCommC 290 (12 May 2023)
12 May 2023
MAAD Limited v Dei Group of Companies International Limited & 2 Others (Civil Suit 312 of 2021) [2023] UGCommC 288 (11 May 2023)
11 May 2023
Eswagu v Abiro (Civil Miscellaneous Application 158 of 2022) [2023] UGCommC 19 (5 May 2023)
5 May 2023
Genza v Enterprenuer Financial Center (U) Limited (Civil Suit 471 of 2021) [2023] UGCommC 177 (4 May 2023)
Plaintiff failed to prove defendant published his image on its website; suit dismissed with costs.
Image rights – alleged unauthorized use of plaintiff’s photograph – requirement to prove publication on defendant’s website for passing off or commercial exploitation. Electronic evidence – admissibility and burden to prove authenticity under the Electronic Transactions Act (s.8). Evidence – civil standard of proof; burden on plaintiff to establish facts; weight of inconsistent witness testimony. Privacy/confidence claims contingent on establishing initial publication and source of electronic record.
 4 May 2023
Tadeo Mukonyezi v Signum Credit Uganda Ltd (Miscellaneous Application No. 1438 of 2022) [2023] UGCommC 307 (4 May 2023)
Applicant granted unconditional leave to defend summary suit due to triable disputes over notice service and unconscionable interest charges.
Civil procedure — Order 36 R.3–4 — leave to appear and defend — bona fide triable issue required. Mortgage law — service of demand/notice of default under Section 19 Mortgage Act — triable issue. Contract/Banking law — challenge to interest rate as unconscionable — raises triable issue. Summary judgment procedure — defendant need not prove defence on merits, only show issue for trial.
 4 May 2023
Amoko v Wasige & 6 Others (Miscellaneous Application 463 of 2023) [2023] UGCommC 216 (3 May 2023)
Newly discovered survey and valuation showing the execution property unsellable justified setting aside the sale order; arrest remains last resort.
Civil procedure — Review — discovery of new and important matter of evidence; relevance and probative value; due diligence; impracticability of execution by sale; variation or setting aside of orders; arrest/imprisonment as last resort.
 3 May 2023