Commercial Court of Uganda

Contracts—writing requirement—money had and received—unjust enrichment—equitable restitution—burden of proof—departure from pleadings—punitive damages—interest—costs

Land—ownership disputes—proof of purchase—burden of proof—corroboration—fraud—statute of limitations—departure from pleadings—relationship of parties—fiancée—nature of transaction—dismissal of suit—default judgment set aside—costs awarded.

Taxation—capital gains tax—source of income—exploration rights—taxation of petroleum operations—double taxation agreements—interpretation of tax statutes—burden of proof in tax disputes—best judgment assessments—partial success of appeal

Civil Procedure—Application for review—error apparent on the face of record—grounds for review—pleading particulars—public interest litigation—costs

Civil procedure—garnishee orders—jurisdiction—execution of Supreme Court decree—duplicity of proceedings—lis pendens—abuse of process—depreciation of machinery—Registrar’s powers—High Court and Supreme Court relationship—concurrent filings—applications dismissed.

Civil Procedure—summary suit—leave to defend—advocate-client costs—conflict of interest—professional misconduct—illiterate affidavit—no triable issue—application struck out—judgment entered—costs awarded

Arbitration—jurisdiction of court—Arbitration and Conciliation Act—binding arbitration clause—High Court jurisdiction—agreement enforcement—affidavit defects—competence of affidavits—notarization standards—dismissal for lack of jurisdiction—costs.

Breach of contract—supply of industrial materials—failure to deliver—proof of delivery—offsetting outstanding invoices—burden of proof—evidence of payment—claim of unpaid balance—dismissal—costs.

Copyright disputes—intellectual property—moral rights infringement—commissioned works—trade secrets—confidentiality—statutory interpretation—burden of proof—damages awarded—partial costs—judicial oversight

Insolvency law—company winding up—statutory demand—insolvency practitioner appointment—failure to notify public—mandatory procedural compliance—transparency—stakeholder engagement—dismissal—costs

Contract law – construction contract – breach of contract – time as essence – penalty clauses–remedies – contract interpretation – contra proferentem rule – evidence of performance – general and special damages – advance payment – additional expenses – waiver – estoppel – enforcement of penalty clauses – construction law principles

Insurance law – contract of insurance – payment of premium – legally enforceable contract – compliance with statutory provisions – consequences of non-payment of premiums – illegality in insurance contracts