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Uganda Case Law

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Commercial And Corporate [2024] UGCommC 67

Kampala Capital City Authority v Foster -A- Light Limited

Kampala Capital City Authority v Foster -A- Light Limited (Civil Suit 852 of 2014) [2024] UGCommC 67 (15 January 2024)

The High Court found Foster-A-Light Ltd breached a street-light contract with KCCA, held the arbitration clause was waived, and awarded damages, interest, and costs.

  • Breach Of Contract
  • Arbitration Clause
  • Special Damages
  • General Damages
  • Interest Award
  • Breach-of-contract
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Commercial And Corporate [2023] UGCommC 279

Democratic Governance Facility v Centre for Constitutional Governance & 2 Others

Democratic Governance Facility v Centre for Constitutional Governance & 2 Others (Civil Suit 953 of 2020) [2023] UGCommC 279 (28 August 2023)

The court found that the Democratic Governance Facility possesses international legal personality, as established by treaty among sovereign states, and therefore has locus standi to sue in Uganda. The Royal Danish Embassy's involvement does not invalidate the suit and can be rectified by amendment. The arbitration clause in the partnership agreement is permissive, not mandatory, allowing the Plaintiff to seek judicial remedies without prior recourse to arbitration. The Plaintiff's capacity to contract and enforce rights under the partnership agreement is affirmed, and the plaint discloses a v…

  • Locus Standi
  • Arbitration Clause
  • Cause Of Action
  • International Legal Personality
  • Contract Enforceability
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Civil Procedure [2023] UGCommC 56

Uganda Muslim Supreme Council v Justus Kyabahwa

Uganda Muslim Supreme Council v Justus Kyabahwa (Miscellaneous Application 928 of 2023) [2023] UGCommC 56 (7 August 2023)

The application for unconditional leave to appear and defend was dismissed because the applicant failed to raise any genuine triable issues. The court found that non-payment of stamp duty does not bar admission of the sale agreement, as the party may pay the duty and penalty. The arbitration clause in the agreement was defective and incapable of being performed, thus not a bar to the suit. The refund of the purchase price was clearly due to the respondent, as evidenced by the bank transfer, and the applicant did not provide contrary evidence. The interest rate of 12% per month was freely agre…

  • Leave To Defend
  • Summary Judgment
  • Contractual Interest
  • Stamp Duty
  • Arbitration Clause
  • Limitation Period
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Civil Procedure [2023] UGHCCD 226

Lutalo v Ntanda and 11 Others

Lutalo v Ntanda and 11 Others (Miscellaneous Application 180 of 2022) [2023] UGHCCD 226 (24 July 2023)

The High Court of Uganda set aside a default judgment and stayed execution after finding the applicant was not effectively served and the suit was premature under a mediation clause.

  • Setting Aside Default Judgment
  • Service Of Process
  • Arbitration Clause
  • Stay Of Execution
  • Land Sale Agreements
  • Mediation Requirement
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Civil Procedure [2022] UGHCCD 93

Busenvi Enterprise Limited v Makindye Ssabagabo Municipal Council

Busenvi Enterprise Limited v Makindye Ssabagabo Municipal Council (Civil Suit No. 400 of 2019) [2022] UGHCCD 93 (1 July 2022)

The High Court overruled a preliminary objection seeking referral of a contract dispute to arbitration, holding that a formal application and evidence were required.

  • Arbitration Clause
  • Preliminary Objection
  • Contract Dispute
  • Referral To Arbitration
  • Alternative Dispute Resolution
  • Arbitration
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Civil Procedure [2022] UGHC 63

Baraaza and Others v FINCA (U) Ltd (MDI)

Baraaza and Others v FINCA (U) Ltd (MDI) (Miscellaneous Application No. 60 of 2022) [2022] UGHC 63 (28 June 2022)

The High Court granted the applicants unconditional leave to appear and defend a summary suit, finding several bona fide triable issues about the loan, guarantorship, interest, and arbitration clause.

  • Summary Suits
  • Leave To Appear And Defend
  • Loan Guarantorship
  • Triable Issues
  • Arbitration Clause
  • Loan Default
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Civil Procedure [2016] UGCommC 96

Hass Petroleum (U) Ltd v Kariisa & Anor

Hass Petroleum (U) Ltd v Kariisa & Anor (Miscellaneous Application No. 349 of 2016) [2016] UGCommC 96 (17 October 2016)

The application for consolidation is dismissed because the pending bankruptcy petition against the first respondent renders consolidation unnecessary; the applicant's claim is admitted in the bankruptcy proceedings, and any further proceedings against the bankrupt require compliance with the Insolvency Act. The arbitration clause in the dealership agreement is rendered moot by the admission of the debt in the bankruptcy petition, eliminating the need for referral to arbitration. Consolidation would not serve a useful purpose, as the resolution of the applicant's claim will occur within the ba…

  • Consolidation Of Suits
  • Bankruptcy Proceedings
  • Arbitration Clause
  • Business Relationship Disputes
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Commercial And Corporate [2016] UGCommC 59

Afritop Ltd v Uganda Red Cross Society (HCCS 275 of 2016)

Afritop Ltd v Uganda Red Cross Society (HCCS 275 of 2016) [2016] UGCommC 59 (26 August 2016)

The High Court referred a tenancy dispute to arbitration and dismissed an application for a temporary injunction blocking sale of the property.

  • Tenancy Agreement Dispute
  • Specific Performance
  • Temporary Injunction
  • Arbitration Clause
  • Breach Of Contract
  • Temporary-injunction
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Alternative Dispute Resolution [2009] UGCADER 5

Uganda Post Ltd v R.4 International Ltd (CAD/ARB/ 11 of 2009)

Uganda Post Ltd v R.4 International Ltd (CAD/ARB/ 11 of 2009) [2009] UGCADER 5 (1 September 2009)

CADER granted Uganda Post Ltd’s application and appointed a second arbitrator after the respondent failed to cooperate in the appointment process.

  • Arbitration Clause
  • Appointment Of Arbitrator
  • Tenancy Agreements
  • Scope Of Arbitral Jurisdiction
  • Arbitration
  • Appointment-of-arbitrator
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Commercial And Corporate [2000] UGCommC 7

East African Development Bank v Ziwa Horticultural Exporters Ltd (High Court Miscellaneous Application No. 1048 of 2000)

East African Development Bank v Ziwa Horticultural Exporters Ltd (High Court Miscellaneous Application No. 1048 of 2000) [2000] UGCommC 7 (19 October 2000)

The court stayed proceedings and referred a company dispute to arbitration, holding that valid arbitration clauses bound the parties and section 6 favored reference.

  • Arbitration Clause
  • Company Disputes
  • Winding Up
  • Minority Shareholder Rights
  • Arbitration
  • Arbitration-clause
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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.