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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
12 judgments
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12 judgments
Citation
Judgment date
June 2023
ABJ Engineering & Contractors Co. KSC v Align Electrical Group Company Limited, Kabumba Andrew & Kibenge Phillip (Miscellaneous Application 122 of 2023) [2023] UGCommC 134 (30 June 2023)
Review denied except court modified security-for-costs order to require provision within 45 days.
Civil procedure – Review under s.82 CPA and Order 46 CPR; ECCMIS filing/admission date; submissions versus evidence; error apparent on face of record; security for costs order must specify timeframe.
 30 June 2023
Muse AF Enterprises Company Limited v Lingi Huatai Battery Manufacturing Company Limited (Miscellaneous Application 376 of 2023) [2023] UGCommC 54 (30 June 2023)
Leave to appeal granted on whether failure to take summons for directions abates a suit; injunction and stay ordered pending appeal.
Civil procedure — Leave to appeal — Whether question of law warranting appellate consideration — Order 11A(1) CPR — Summons for directions — Mandatory filing; failure to file leads to abatement under subrule (6) unless exceptions in subrule (4) apply. Trade mark — Interim injunctions and enforcement of Anton Piller orders to prevent continuing infringement pending appeal.
 30 June 2023
Transpaper Uganda Limited v Pepper Publications Limited (Civil Suit 69 of 2020) [2023] UGCommC 174 (30 June 2023)
30 June 2023
Nalubega v Stabex International Limited (Civil Suit 665 of 2021) [2023] UGCommC 292 (23 June 2023)

Employment law—infringement of image rights—right to privacy—data protection compliance—consent requirements—unjust enrichment—damages for distress

 23 June 2023
Centenary Rural Development Bank Ltd v Odongpiou Stanislau Emmanuel (Miscellaneous Application No. 1371 of 2022) [2023] UGCommC 305 (16 June 2023)
The court dismissed an application for leave to appeal and stay of execution, finding no arguable grounds meriting consideration.
Civil procedure – application for leave to appeal – grounds for appeal – strict proof for applications based on new evidence – discretionary orders and judicial standards for review applications – stay of execution pending appeal.
 16 June 2023
Bukenya v Hermis Coffee Factory Uganda Limited (Miscellaneous Application 1588 of 2021) [2023] UGCommC 86 (13 June 2023)
Applicant granted leave to defend after court found bona fide triable issues on indebtedness, payments and transaction legality.
Summary procedure – Order 36 Rule 3 CPR – Leave to appear and defend – Requirement to show bona fide triable issue or plausible defence – Disputed indebtedness, payment to third party supplier, and legality of transaction.
 13 June 2023
Razak v Prime Finance Company Limited (Miscellaneous Application 1786 of 2022) [2023] UGCommC 81 (13 June 2023)
Application to set aside default judgment dismissed for lack of sufficient cause, advocate default attributable to applicant and undue delay.
Civil procedure – Order 36 Rule 11 – Setting aside decree for sufficient cause – requirement of plausible/triable defence and evidence of due instructions to counsel. Advocate’s default – where withdrawal or default results from non-payment of fees, the litigant may be held responsible. Delay – inordinate delay in applying to set aside judgment is a factor against relief. Estoppel – litigant who has benefited from a transaction cannot later deny its validity.
 13 June 2023
Imaniraguha v Uganda Revenue Authority (Civil Suit 274 of 2021) [2023] UGCommC 156 (12 June 2023)
12 June 2023
Bank of Uganda v Bulamu Coffee Buyers Processors and Exports Limited and Others (Miscellaneous Application No. 430 of 2023) [2023] UGCommC 300 (7 June 2023)
Failure to properly serve summons renders a suit incompetent and subject to dismissal regardless of subsequent participation by the defendant.
Civil procedure – service of summons – mandatory requirement – effect of non-service – suit struck out – no waiver by defence filing.
 7 June 2023
Busingye v Mwesigye (Miscellaneous Application 108 of 2023) [2023] UGCommC 247 (7 June 2023)

 

 7 June 2023
Combined Services Limited v Attorney General of Uganda (Miscellaneous Application 801 of 2022) [2023] UGCommC 246 (7 June 2023)

 

 7 June 2023
Standard Chartered Bank (U) Limited v Kanzira (Civil Suit 626 of 2022) [2023] UGCommC 245 (6 June 2023)

 

 6 June 2023