Uganda Case Law

Nevia Company Ltd Vs Biersdorf AG

Nevia Company Ltd Vs Biersdorf AG (Civil Appeal No. 172 of 2014) [2019] UGCA 355 (22 October 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 172 of 2014

Judge

Owiny-Dollo, DCJ, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal found that the trial judge erred in entering judgment on admission for trademark infringement based solely on correspondence exhibited at the scheduling conference. The appellant had denied infringement in its pleadings and scheduling memorandum, and specifically challenged the authority of Prof. Dr. Kanyeihamba to make admissions on its behalf. These objections raised complicated factual and legal issues regarding agency and mandate, which rendered the admissions neither plain nor unequivocal. The court held that in such circumstances, the matter should have proceeded to…

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• Trademark Infringement
• Judgment On Admission
• Authority Of Agent
• Fair Hearing
• Civil Procedure Rules

Gundle v Sunderji

Gundle v Sunderji (Civil Appeal No; 19/39) [1938] EACA 168 (1 January 1938)

Court

East African Court of Appeal

Case number

Civil Appeal No; 19/39

Judge

Lucie-Smith, J. (Kenya)

The court held that an agent who, acting in good faith under ambiguous and urgent instructions, paid for a partial shipment was entitled to indemnity from the principal.

• Principal Agent Relationship
• Indemnity Of Agent
• Authority Of Agent
• Contractual Discretion
• Shipment Of Goods
• Principal-agent

Hasmani v National Bank of India Limited (Civ. App. No. 18 of 1938)

Hasmani v National Bank of India Limited (Civ. App. No. 18 of 1938) [1938] EACA 99 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 18 of 1938

Judge

Bartley J, Sheridan, (C.J. Kenya), Whitley CJ

The Court held that the appellant was liable on the bill of exchange, the overdraft, and for money had and received, notwithstanding the fraud of his agent. The agent acted within the scope of his authority under the power of attorney and banking mandate, which included drawing and discounting bills and operating the appellant's account. The principal is liable for the agent's acts done in the course of authorized business, even if fraudulent, as established by section 238 of the Indian Contract Act and common law authorities. The proceeds of the fraudulent bills were credited to the appellan…

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• Principal Agent Liability
• Fraudulent Bills Of Exchange
• Money Had And Received
• Banking Mandate
• Authority Of Agent
• Overdraft Liability

Siqueria v Noronha (P.C.A. 48/1933.)

Siqueria v Noronha (P.C.A. 48/1933.) [1937] EACA 81 (1 January 1937)

Court

East African Court of Appeal

Case number

P.C.A. 48/1933.

Judge

Lord Atkin

The Privy Council held that a settled business account between employer and former employee created a binding promise to pay the balance, and dismissed the appeal.

• Account Stated
• Contractual Consideration
• Limitation Of Actions
• Authority Of Agent
• Employment Remuneration
• Account-stated

Chalmers and Another v Bhanjee (C.C. 31/1931 (Mombasa).)

Chalmers and Another v Bhanjee (C.C. 31/1931 (Mombasa).) [1932] EACA 47 (1 January 1932)

Court

East African Court of Appeal

Case number

C.C. 31/1931 (Mombasa).

Judge

Dickinson, J

The court held that the brokers were not given definite instructions to sell ivory at the January sale regardless of price, so they could reject low bids.

• Principal And Agent
• Authority Of Agent
• Sale Of Goods
• Consignment Sales
• Broker Discretion
• Agency-law