Uganda Case Law

Roughton International Ltd and Others v Uganda Investment Authority and Public Procurement and Disposal of Public Assets Authority

Roughton International Ltd and Others v Uganda Investment Authority and Public Procurement and Disposal of Public Assets Authority (Civil Application No. 15 of 2023) [2025] UGCA 160 (21 May 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 15 of 2023

Judge

Muzamiru, JA

The dispositive order of the High Court was a dismissal of the applicants' request for interim protection, which did not direct any party to act or refrain from acting and was therefore a negative order not capable of execution. As such, it was not amenable to a stay of execution. The applicants failed to demonstrate vigilance in pursuing their substantive appeal or arbitration beyond initial correspondence, and the status quo had changed with the engagement of a new contractor by the first respondent. The principles governing the grant of a stay were not satisfied, particularly as execution…

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• Stay Of Execution
• Interim Injunctions
• Arbitration Proceedings
• Contract Termination
• Public Procurement

DFCU Bank Limited v Rocktrust Contractors (U) Limited & Another

DFCU Bank Limited v Rocktrust Contractors (U) Limited & Another (Miscellaneous Cause 43 of 2023) [2023] UGCommC 196 (30 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 43 of 2023

Judge

Mutesi, J

The High Court granted interim injunctions preserving assigned contract proceeds pending arbitration, finding DFCU Bank showed a strong claim and risk of dissipation.

• Assignment Of Contract Proceeds
• Interim Injunctions
• Arbitration Proceedings
• Loan Facility Disputes
• Security For Debt
• Banking Contracts

Katatumba (Administrator of the Estate of the Late Joseph B. Katatumba) and Others v Abarihamwe Livestock Cooperative Society Ltd and 2 Others

Katatumba (Administrator of the Estate of the Late Joseph B. Katatumba) and Others v Abarihamwe Livestock Cooperative Society Ltd and 2 Others (Miscellaneous Application No. 6 of 2021) [2022] UGHCCD 262 (16 December 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 6 of 2021

Judge

Boniface Wamala, J

The Court found that a legal dispute exists between the Applicants, who are administrators and beneficiaries of founder members' estates, and the 1st Respondent Society regarding entitlement to compensation awarded by decree. The dispute falls squarely within Section 73 of the Cooperative Societies Act, which mandates arbitration for such matters. The Applicants have properly commenced arbitral proceedings by notifying the 1st Respondent and the Uganda Cooperative Alliance, and the 1st Respondent's refusal to cooperate does not negate this. The Court held that interim measures of protection a…

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• Interim Measures
• Arbitration Proceedings
• Cooperative Societies Disputes
• Decree Execution
• Estate Administration

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another (Miscellaneous Civil Application No. 1 of 2021) [2021] UGCommC 125 (9 March 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 1 of 2021

Judge

Stephen Mubiru, J

The court held that the applicant's misnaming in the pleadings was a mere misnomer, not a fatal defect, and allowed amendment to reflect the correct name. On the substantive issue, the court found that the performance guarantee issued by the 2nd respondent was unconditional and autonomous, requiring only a written demand from the beneficiary and not proof of breach of the underlying contract. The applicant failed to demonstrate that the guarantee was conditional, that the call on the guarantee was beyond the permitted circumstances, or that the call was specious or untenable. The court furthe…

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• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Misnomer In Pleadings

Ac Yafeng Construction Limited v Registered Trustees of Living Word Assembly Church and Another

Ac Yafeng Construction Limited v Registered Trustees of Living Word Assembly Church and Another (Civil Miscellaneous Application 1 of 2021) [2021] UGCommC 150 (9 March 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application 1 of 2021

Judge

Stephen Mubiru, J

The court found that the error in the applicant's name was a misnomer, not a case of misidentification, and allowed amendment to reflect the correct name, AC Yafeng Construction Company Limited. However, the court held that the performance guarantee in question was an unconditional (on-demand) guarantee, as evidenced by its wording and the application of the Uniform Rules of Demand Guarantee (URDG). Such guarantees are autonomous and may be called upon by the beneficiary upon written demand, regardless of disputes in the underlying contract, except in cases of fraud or unconscionability, whic…

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• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Misnomer In Pleadings

Roko Construction Limited v Pearl Jubilee Estates Limited and Another

Roko Construction Limited v Pearl Jubilee Estates Limited and Another (Miscellaneous Cause 83 of 2021) [2021] UGCommC 151 (9 January 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 83 of 2021

Judge

Stephen Mubiru, J

The High Court declined to restrain a call on performance and advance payment guarantees pending arbitration, finding no manifest fraud and that convenience favoured the respondents.

• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Fraud Exception
• Contract Variation
• Balance Of Convenience

Uganda National Bureau of Standards V Ren Publishers Limited & Another

Uganda National Bureau of Standards V Ren Publishers Limited & Another (MISCELLANEOUS APPLICATION NO. 635 OF 2019) [2019] UGHCCD 214 (31 October 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 635 OF 2019

Judge

Musa Ssekaana, J

The High Court discharged an interim measure of protection in an arbitration matter after finding the underlying MOU had expired and public interest favored relief.

• Interim Injunctions
• Arbitration Proceedings
• Statutory Mandate
• Public Interest
• Contract Expiry
• Arbitration

Dott Services Ltd v Uganda National Roads Authority & Anor

Dott Services Ltd v Uganda National Roads Authority & Anor (Miscellaneous Cause No. 228 of 2017) [2017] UGCommC 152 (2 November 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 228 of 2017

The court found that there was no pending adjudication or triable issue, as the appointment of the adjudicator had been quashed in a prior High Court ruling. The applicant's alleged losses, including the contract value and reputation, were deemed compensable by damages, and thus did not constitute irreparable injury. The balance of convenience favoured the respondents, as granting the injunction would indefinitely delay procurement and negatively impact road users due to deterioration of the incomplete works. Consequently, the application for a temporary injunction was dismissed with costs.

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• Temporary Injunction
• Contract Termination
• Arbitration Proceedings
• Balance Of Convenience