Uganda Case Law

Mesco Limited v Gulf Badr Group (U) Limited

Mesco Limited v Gulf Badr Group (U) Limited (Civil Suit 344 of 2020) [2024] UGCommC 336 (21 October 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 344 of 2020

Judge

Kahigi Asiimwe, J

The court found that the Defendant, Gulf Badr Group (Uganda) Ltd, was merely an agent of the disclosed principal, Evergreen Line, as evidenced by the bill of lading and the communications between the parties. There was no contract between the Plaintiff and the Defendant; the contractual relationship existed only between the Plaintiff and Evergreen Line. The Defendant's role was limited to acting as an agent, and the Plaintiff was aware of this status. Under established legal principles, an agent of a disclosed principal cannot be held liable for the principal's contractual obligations unless…

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• Agency Liability
• Bill Of Lading
• Jurisdiction Objections
• Contractual Privity
• Demurrage Claims

Alema v Maybach Motors Limited & 2 Others

Alema v Maybach Motors Limited & 2 Others (Civil Suit 417 of 2011) [2024] UGCommC 71 (1 March 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 417 of 2011

Judge

Mutesi, J

The High Court held that the first defendant participated in a fraudulent sale of a stolen vehicle, ordered a partial refund, general damages, interest, and costs.

• Sale Of Goods
• Implied Warranty Of Title
• Agency Liability
• Fraudulent Misrepresentation
• Contract Breach
• Remedies For Breach

KCB Bank of Uganda v Muhumuza

KCB Bank of Uganda v Muhumuza (Civil Appeal 51 of 2021) [2023] UGCommC 242 (5 December 2023)

Court

Commercial Court of Uganda

Case number

Civil Appeal 51 of 2021

Judge

Anna B. Mugenyi, J

The High Court allowed KCB Bank Uganda’s appeal, holding it was only a receiving bank and not liable to refund the respondent’s unpaid share-subscription money.

• Agency Liability
• Banker Customer Relationship
• Share Subscription Refunds
• Appeal Review
• Damages Award
• Agency-liability

Chief Distillers Uganda Limited v DAMCO Logistics Uganda Limited

Chief Distillers Uganda Limited v DAMCO Logistics Uganda Limited (Civil Suit No. 4 of 2019) [2023] UGHCCD 111 (24 April 2023)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 4 of 2019

Judge

Musa, J

The High Court held that the defendant’s duty was limited to freight forwarding from Mombasa to Kampala and dismissed the claim for loss after local delivery.

• Contractual Scope Of Services
• Variation Of Contract
• Negligence In Service Provision
• Agency Liability
• Sanctity Of Contract
• Contract-law

Hofokam v Tweyambe

Hofokam v Tweyambe (Civil Appeal No. 1 of 2021) [2022] UGHC 69 (17 August 2022)

Court

High Court of Uganda

Case number

Civil Appeal No. 1 of 2021

Judge

Mugabo, J

First appeal over a loan dispute dismissed. The High Court upheld findings that the respondent had repaid the loan, was entitled to security documents, and received justified damages.

• Loan Repayment Disputes
• Security For Loans
• Agency Liability
• General Damages Award
• Loan-repayment-disputes
• Security-for-loans

Simba Properties Investment Company Limited and Another v Kirunda and 3 Others

Simba Properties Investment Company Limited and Another v Kirunda and 3 Others (Miscellaneous Application No. 671 of 2022) [2022] UGCommC 37 (15 June 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 671 of 2022

Judge

Stephen Mubiru, J

The High Court refused a temporary injunction over mortgaged properties, holding the dispute was already subject to arbitration and the respondents acted for a disclosed principal.

• Temporary Injunction
• Agency Liability
• Arbitration Clauses
• Mortgage Enforcement
• Capacity To Sue
• Abuse Of Process

Paramal Patel and 2 Others v Uganda Medium Industries Limited

Paramal Patel and 2 Others v Uganda Medium Industries Limited (Civil Appeal 268 of 2018) [2021] UGCA 220 (28 October 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 268 of 2018

Judge

Barishaki-Cheborion, JA, Musota, JA, Madrama Izama, JA

The Court of Appeal found that Uganda Medium Industries Ltd was the lawful tenant of the premises, not Edirisa Karenget Musiwa personally. The evidence, including rent receipts and correspondence, established the respondent's tenancy. The company, as a registered legal entity, could own property and enter into tenancy agreements. The actions of the appellants—locking the premises and taking property in distress for rent—were unlawful and in contravention of the Distress for Rent (Bailiffs) Act, as the 2nd appellant lacked the required certificate. The damages suffered by the respondent were c…

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• Landlord Tenant Disputes
• Distress For Rent
• Agency Liability
• Special And General Damages
• Corporate Personality
• Joint And Several Liability

Gulf Cross Limited and Another v Shree Hari Tiles Limited and Another

Gulf Cross Limited and Another v Shree Hari Tiles Limited and Another (Civil Suit 753 of 2018) [2021] UGCommC 134 (18 March 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 753 of 2018

Judge

Stephen Mubiru, J

The court found an oral cargo-clearance contract was proved, the defendants breached it by non-payment and delay, and the corporate veil was pierced to hold the company secretary liable.

• Contract Formation
• Privity Of Contract
• Piercing Corporate Veil
• Special Damages
• Oral Contracts
• Agency Liability

The Surgery v Pinnacle Security Limited and Another

The Surgery v Pinnacle Security Limited and Another (Civil Suit No. 235 of 2012) [2020] UGCommC 163 (27 November 2020)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 235 of 2012

Judge

Wabwire, J

The court found that a legally enforceable contract existed between the Plaintiff and the Defendants, established through email correspondence and conduct, as recognized under Ugandan contract law. The Defendants acted as agents of Pinnacle Group International and were responsible for referring recruits to the Plaintiff for medical services. The Plaintiff fulfilled its contractual obligations by providing medical services to over 340 recruits, while the Defendants failed to pay for these services, constituting a breach of contract. The Plaintiff's claim for special damages was supported by do…

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• Contract Formation
• Agency Liability
• Breach Of Contract
• Special And General Damages

Yiga v Maviri

Yiga v Maviri (Civil Appeal No. 34 of 2013) [2017] UGCommC 134 (4 October 2017)

Court

Commercial Court of Uganda

Case number

Civil Appeal No. 34 of 2013

The High Court allowed an appeal, holding the appellant acted for a company rather than personally, and set aside damages awarded for an alleged commission.

• Agency Liability
• Director Personal Liability
• Contract Consideration
• Company Law Memorandum
• Damages Award
• Settlement Agreements