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Commercial And Corporate [2024] UGCommC 152

Kutosi v Ajju

Kutosi v Ajju (Civil Appeal 13 of 2022) [2024] UGCommC 152 (13 May 2024)

Court
Commercial Court of Uganda
Case number
Civil Appeal 13 of 2022
Judge
Ocaya, J

The court found that while section 51 of the Advocates Act makes written agreements mandatory if parties opt for a formal remuneration agreement, it does not render all oral agreements unenforceable. The Contracts Act, 2010 permits oral contracts, and the absence of a written agreement does not automatically bar recovery of fees, especially where services were rendered and partially paid for. The principle of quantum meruit applies, preventing unjust enrichment by the Appellant who benefited from the Respondent's legal services. The trial magistrate correctly held that the existence of a caus…

Source excerpt

  • Advocate Remuneration Agreements
  • Quantum Meruit
  • Cause Of Action
  • Contract Enforceability
  • Preliminary Objections
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Commercial And Corporate [2017] UGCommC 22

Messrs Sendege Senyondo & Co Advocates v Kampala Capital City Authority

Messrs Sendege Senyondo & Co Advocates v Kampala Capital City Authority (Civil Suit No. 147 of 2016) [2017] UGCommC 22 (3 March 2017)

Court
Commercial Court of Uganda
Case number
Civil Suit No. 147 of 2016

The court held that the agreement dated 11th October 1996 was enforceable as it provided for remuneration according to statutory scales, not as a gross sum or salary, and thus was not subject to Section 51 of the Advocates Act. For claims after 1st January 2006, the court found that non-compliance with public procurement laws was the responsibility of the Defendant's officials, not the Plaintiff, and that the Plaintiff, having rendered services upon written instructions and to the Defendant's benefit, was entitled to payment under quantum meruit. The court rejected the Defendant's attempt to…

Source excerpt

  • Advocate Remuneration Agreements
  • Quantum Meruit Claims
  • Public Procurement Compliance
  • Lien On Client Files
  • Local Government Contracts
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Commercial And Corporate [2007] UGCommC 40

James Mutoigo t/a Juris Law office v Shell (U) Ltd (HCT-00-CC-MA 68 of 2007)

James Mutoigo t/a Juris Law office v Shell (U) Ltd (HCT-00-CC-MA 68 of 2007) [2007] UGCommC 40 (24 April 2007)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 68 of 2007

The court held that the appeal was filed within time, interpreting Section 62 of the Advocates Act in light of the constitutional right to a fair hearing, which requires adequate time and access to records for preparing an appeal. On the substantive issue, the court found that there was a remuneration agreement between the applicant and respondent, evidenced by the applicant's signature, which excluded the presentation and taxation of an advocate/client bill under Section 54 of the Advocates Act. Although the agreement lacked the respondent's signature and a notarial certificate, these formal…

Source excerpt

  • Advocate Remuneration Agreements
  • Taxation Of Costs
  • Enforceability Of Fee Agreements
  • Fiduciary Duties Of Advocates
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.