DFCU Bank Limited v Abubaker Techinical Services and General Supplies Limited (Miscellaneous Application 764 of 2022) [2023] UGCommC 29 (1 September 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 764 of 2022
Judge
Stephen Mubiru, J
The High Court struck out a suit against DFCU Bank, holding the plaint did not disclose a reasonable cause of action over payment made on demand guarantees.
DFCU Bank Limited v Polat Yol Yapi San Vstie A.S and Another (Miscellaneous Application No. 217 of 2022) [2022] UGCommC 23 (14 April 2022)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 217 of 2022
Judge
Rwakakooko, J
High Court interpleader over competing claims to advance payment guarantee sums; the Court vacated interim restraints and directed DFCU Bank to pay the beneficiary.
The Tribunal held that the application for extension of time to file a review of the respondent's objection decision was filed more than one year after the taxation decision, far outside the six-month statutory period prescribed by Section 16(7) of the Tax Appeals Tribunal Act. The Tribunal found that it has no discretion to extend time beyond this statutory limit, regardless of the applicant's reasons for delay, including parallel proceedings in the High Court. The Tribunal emphasized that statutory timelines are matters of substantive law, not mere technicalities, and must be strictly compl…
Ankole Riverline Hotel Ltd Vs Uganda Breweries Ltd & Anor (Miscellaneous Application No. HCT-12-CV-MA-0030 of 2014) [2016] UGHCCD 3 (11 January 2016)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. HCT-12-CV-MA-0030 of 2014
Judge
Byabakama, J
The court allowed joinder and amendment in a dispute over a distributorship, bank guarantee, and alleged unpaid supplies, finding all parties needed for complete adjudication.
Alcon International Limited v Standard Chartered Bank of Uganda and Ors. (Appeal 3 of 2013) [2015] EACJ 53 (27 July 2015) (Appellate Division)
Court
East African Court of Justice
Case number
Appeal 3 of 2013
Judge
Nkurunziza JA, Ogoola JA, Ringera JA, Rutakangwa JA, Ugirashebuja P
The Appellate Division held that the East African Court of Justice lacked jurisdiction to entertain the reference against the Bank and Registrar, as they were neither Partner States nor Institutions of the Community under Article 30(1) of the EAC Treaty. The Common Market Protocol did not extend the Court's jurisdiction to private parties or acts occurring before its entry into force, as treaties are not retroactive unless expressly stated. The substratum of the reference—the bank guarantee—ceased to exist after the Supreme Court of Uganda set aside the arbitral award and related judgments, l…
Dolamite Engineering Services Ltd v Equity Bank Ltd (Civil Suit No. 51 of 2013) [2015] UGCommC 38 (16 February 2015)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 51 of 2013
The High Court dismissed a claim over an alleged bid bond and lost procurement opportunity, finding the plaintiff failed to prove the bank issued the guarantee.
Alcon International Limited v Standard Chartered Bank of Uganda and Others (Reference 6 of 2010) [2013] EACJ 57 (2 September 2013) (First Instance Division)
Court
East African Court of Justice
Case number
Reference 6 of 2010
Judge
Busingye PJ, Butasi JA, Lenaola JA
The Court held that the 1st and 3rd Respondents were improperly sued as they are neither Partner States nor Institutions of the Community under the Treaty, and thus cannot be bound by its provisions. The substratum of the Reference—the Bank Guarantee—ceased to exist after the Supreme Court of Uganda set aside the arbitral award and related judgments, leaving no live dispute or enforceable right before the Court. The acts complained of occurred before the coming into force of the Common Market Protocol on 1st July 2010, and the principle of non-retroactivity under Article 28 of the Vienna Conv…
Stanbic Bank Uganda Ltd v Atabya Agencies Ltd [2013] UGSC 11 (30 May 2013)
Court
Supreme Court of Uganda
The Supreme Court of Uganda held that depositing decretal sums in court for a stay of execution did not stop interest from accruing under the original decree.
Cairo International Bank v M. Janjua (Civil Appeal 3 of 2010) [2011] UGSC 30 (25 January 2011)
Court
Supreme Court of Uganda
Case number
Civil Appeal 3 of 2010
Judge
Odoki, CJ, J.W.N.Tsekooko, JSC, Katureebe, JSC, G. M. Okello, JSC, Tumwesigye, JSC
The Supreme Court held that the guarantee issued by Cairo International Bank was enforceable. The condition precedent requiring tax clearance certificates applied only to taxes on the assets, not to the respondent or his companies personally. Furthermore, section 166(7) of the Income Tax Act exempted the assets in question from tax, rendering the condition precedent inoperative and superfluous. The respondent had made sufficient demand for payment, and the appellant's insistence on unnecessary certificates was unjustified. On the issue of interest, the Court found that while the respondent cl…
Stanbic Bank Uganda Ltd v Atabya Agencies Ltd [2004] UGSC 38 (13 December 2004)
Court
Supreme Court of Uganda
The court held that the applicant had not satisfied the conditions for being heard and granted an ex parte interim order for stay of execution. While there may be grounds to fear imminent execution, the application was premature and there was no evidence that hearing the respondent would defeat the objective of the application. The court emphasized that the interim procedure is not a substitute for the substantive procedure for stay, and should only be invoked in compelling circumstances to prevent defeat of justice. The mere filing of a notice of appeal does not automatically entitle a party…
