Uganda Case Law

Equity Bank Uganda Limited & 2 Others v Nassiwa

Equity Bank Uganda Limited & 2 Others v Nassiwa (Civil Appeal 9 of 2020) [2023] UGCommC 198 (23 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Appeal 9 of 2020

Judge

Mutesi, J

The appeal was filed and served out of time, contrary to Section 79(1)(a) of the Civil Procedure Act and the relevant Civil Procedure Rules. The appellants did not seek leave to file or serve the appeal out of time, nor did they apply to validate the late filing and service. The failure to extract a decree before lodging the appeal is no longer fatal due to the constitutional directive to administer substantive justice without undue regard to technicalities. Abatement rules under Order 17 do not apply to appeals. The memorandum of appeal was validly signed and filed, curing any defect in the…

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• Appeal Timeliness
• Service Of Process
• Money Transfer Disputes
• Bank Liability
• Fraud Standard Of Proof

Vegol Limited v Stanbic Bank Uganda Limited

Vegol Limited v Stanbic Bank Uganda Limited (Miscellaneous Application 154 of 2023) [2023] UGCommC 99 (26 September 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 154 of 2023

Judge

Abinyo, J

The court found that the Respondent was served with a valid garnishee order absolute requiring payment of the decretal sum and costs, and had knowledge of the order. The Respondent failed to comply and did not seek to set aside or stay the order, demonstrating wilful and malafide noncompliance. The Respondent's representative had previously confirmed sufficient funds, which formed the basis for the order. The court held that the Respondent's conduct amounted to contempt of court, and that the Applicant was entitled to remedies including payment of the decretal sum, general damages, and costs.…

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• Contempt Of Court
• Garnishee Orders
• Enforcement Of Judgments
• Bank Liability

Diamond Trust Bank Uganda Limited v Mashunju

Diamond Trust Bank Uganda Limited v Mashunju (Civil Suit 935 of 2017) [2023] UGCommC 236 (1 March 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 935 of 2017

Judge

Anna B. Mugenyi, J

The High Court found the defendant indebted to the bank for UGX 810,329,708, rejected the counterclaim, and awarded interest and costs to the plaintiff.

• Loan Facility Default
• Mortgage Enforcement
• Bank Liability
• Counterclaim Damages
• Loan-facility-default
• Mortgage-enforcement

Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021)

Secretary General of the East African Community v Uwezeyimana (Application 15 of 2021) [2022] EACJ 31 (28 November 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Application 15 of 2021

Judge

Muhumuza JA, Nyawello JA, Wejuli JA

The Court determined that its jurisdiction in personam is strictly limited to Partner States and Institutions of the East African Community as defined by the Treaty. KCB Bank Tanzania Limited, being a private corporate financial institution and not designated as an Institution of the Community under Article 9, falls outside the scope of entities over which the Court can exercise jurisdiction. Consequently, the application to join KCB as a third party fails because the Court cannot issue enforceable orders against a party over whom it lacks jurisdiction. The Court emphasized that third party n…

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• Third Party Joinder
• Jurisdiction Ratione Personae
• Death Benefits
• Employee Benefits
• Bank Liability

Opportunity Bank (U) Ltd v Asege Winnie and Another

Opportunity Bank (U) Ltd v Asege Winnie and Another (Civil Appeal No 195 of 2016) [2022] UGCA 364 (8 September 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 195 of 2016

The Court of Appeal of Uganda recorded a consent withdrawal of Civil Appeal No. 195 of 2016, ordered each party to bear its own costs, and noted a settlement of Ushs. 50,000,000.

• Bank Liability
• Settlement Agreements
• Appeal Withdrawal
• Appeal-withdrawal
• Settlement-agreements
• Commercial-and-corporate

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016)

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016) [2017] UGHCCD 132 (31 October 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – CA – 0019 OF 2016

Judge

Ojok, J

The High Court dismissed Equity Bank’s appeal, upheld the trial court, and affirmed damages and dismissal of the bank’s counterclaim over a disputed loan account.

• Loan Repayment Disputes
• Security For Loans
• Bank Liability
• Damages For Wrongful Advertisement
• Banking-and-finance
• Loan-repayment-disputes

Kensheka v Uganda Development Bank

Kensheka v Uganda Development Bank (Civil Suit No. 469 of 2011) [2015] UGCommC 67 (19 February 2015)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 469 of 2011

The court found that the plaintiff deposited UGX 84,000,000 on the defendant's account, but the evidence established that the payment was made as part of ABA Trade International's security margin under a trade finance facility, not as consideration for a truck purchase from the defendant. There was no contractual nexus or written agreement between the plaintiff and the defendant bank regarding the sale of trucks. The defendant bank was not enriched by the deposit, as the funds were applied to ABA Trade's obligations. The requirements for unjust enrichment were not met, as the defendant did no…

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• Unjust Enrichment
• Money Had And Received
• Trade Finance Facility
• Security Margin
• Bank Liability
• Equitable Estoppel

Barclays Bank Limited v Balyejjusa and others

Barclays Bank Limited v Balyejjusa and others (Civil Suit No. 266 of 2009; Civil Suit No. 272 of 2008) [2014] UGCommC 233 (24 February 2014)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 266 of 2009 ; Civil Suit No. 272 of 2008

Judge

Masalu-Musene, J

The court found that Barclays Bank was negligent, fraudulent, and reckless in the sale of the mortgaged property, having sold it at a price significantly below its market and forced sale value, failed to conduct a transparent sale, and did not properly account for the proceeds. The second valuation was flawed, and the bank's conduct in withholding information and failing to allow the plaintiff to sell the property itself further demonstrated bad faith. As a result, the directors of Etats Limited were not liable for the outstanding balance, as the bank's fraud and illegality negated any liabil…

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• Mortgagee Duties
• Sale Of Mortgaged Property
• Valuation Disputes
• Bank Liability
• Fraud In Property Transactions

Stanbic Bank Uganda Limited v Kisolo

Stanbic Bank Uganda Limited v Kisolo (Civil Appeal No 11 of 2012) [2013] UGHC 259 (30 April 2013)

Court

High Court of Uganda

Case number

Civil Appeal No 11 of 2012

Judge

Mwangushya, J

The High Court allowed Stanbic Bank’s appeal, set aside the magistrate’s judgment, and held that the UGX 2.3 million payment was not shown to be a refund owed to the respondent.

• Bank Account Disputes
• Fraudulent Transactions
• Reversal Of Funds
• Bank Liability
• Bank-account-disputes
• Fraudulent-transactions

Bank of Baroda (U) Ltd V Ataco Freight Services Ltd

Bank of Baroda (U) Ltd V Ataco Freight Services Ltd (Civil Appeal No. 45 of 2007) [2009] UGCA 42 (9 September 2009)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 45 of 2007

The Court of Appeal of Uganda held that the recorded 2004 compromise was not a lawful compromise under Order 25 rule 6 and dismissed the appeal.

• Compromise Of Suit
• Withdrawal Of Suit
• Joinder Of Parties
• Res Judicata
• Bank Liability
• Abuse Of Process