Uganda Case Law

Ndyowayesu v Serubiri

Ndyowayesu v Serubiri (Civil Appeal 15 of 2021) [2024] UGHCCD 205 (19 December 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 15 of 2021

Judge

Boniface Wamala, J

The appellate court found that the appellant admitted to issuing the cheques and failed to substantiate his claim that they were for commission rather than a loan. The sums involved and the evidence presented were consistent with a friendly loan, not a brokerage arrangement. The absence of a written contract did not invalidate the agreement, as all elements of a valid contract were satisfied and the requirement for writing was directory, not mandatory. The dishonour of the cheques established the respondent's right to recover the sums under the Bills of Exchange Act. The trial Magistrate's fi…

Source excerpt

• Summary Procedure
• Bills Of Exchange
• Cheque Dishonour
• Interest Award
• Contract Formality

Ndyowayesu v Serubiri

Ndyowayesu v Serubiri (Civil Appeal 15 of 2021) [2024] UGHCCD 207 (19 December 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 15 of 2021

Judge

Boniface Wamala, J

The High Court upheld liability on dishonoured cheques but reduced interest from 22% to 15% per annum in a civil appeal over a UGX 16.5 million claim.

• Summary Procedure
• Bills Of Exchange
• Cheque Dishonour
• Money Lending
• Interest Award
• Bills-of-exchange

Al-Shafi Investment group LLC v Ahmed Darwish & Anor

Al-Shafi Investment group LLC v Ahmed Darwish & Anor (MISCELLANEOUS APPLICATION NO. 901 OF 2017) [2017] UGHCCD 205 (13 July 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 901 OF 2017

Judge

Bashaija, J

The High Court reviewed its earlier judgment after finding an error on the face of the record about the existence of an Abu Dhabi criminal conviction.

• Review Of Judgment
• Error Apparent On Face Of Record
• Foreign Judgments
• Bounced Cheques
• Bills Of Exchange
• Enforcement Of Foreign Judgments

Kyambadde v Amdhan Khan

Kyambadde v Amdhan Khan (Miscellaneous Application No. 719 of 2015) [2016] UGCommC 54 (17 June 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 719 of 2015

The High Court set aside a default judgment for US$300,000 after finding service of summons was not properly effected and granted conditional leave to defend.

• Setting Aside Default Judgment
• Leave To Defend
• Service Of Summons
• Summary Suit Procedure
• Bills Of Exchange
• Conditional Orders

Jaffery Forex Bureau Uganda Ltd v Abdul Karim Ali & 2 Ors

Jaffery Forex Bureau Uganda Ltd v Abdul Karim Ali & 2 Ors (Civil Suit No. 348 of 2012) [2015] UGCommC 19 (22 January 2015)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 348 of 2012

Judge

Adonyo, J

The court found that the plaintiff had proven, on a balance of probabilities, that it was owed Ug. Shs. 1,200,000,000 by the defendants, who had issued cheques for the amounts claimed, many of which were dishonored and not repaid. The evidence presented by the plaintiff was coherent, corroborated by witnesses, and supported by documentary proof, whereas the defendants' claims of full repayment and cash settlements were unsubstantiated and contradicted by their own witnesses. The dishonored cheques constituted enforceable bills of exchange, and the defendants remained liable for the unpaid amo…

Source excerpt

• Cheque Liability
• Bills Of Exchange
• Business Debt Recovery
• General Damages
• Interest Awards

Simba Motors Ltd v John Sentongo and Anor - (HCT-00-CC-CS 733 of 2000)

Simba Motors Ltd v John Sentongo and Anor - (HCT-00-CC-CS 733 of 2000) [2006] UGCommC 29 (20 June 2006)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 733 of 2000

The court found that although the defendants issued the cheques and invoice to Simba Motors Ltd, the plaintiff failed to give notice of dishonour within a reasonable time as required by the Bills of Exchange Act. The cheques were dishonoured in 1997 and 1998, but notice was only given in 1999, with the suit filed in 2000. No special circumstances justified the delay. As a result, the defendants were discharged from liability on the cheques. The court also found that the claim for both the cheque and invoice amounted to double recovery for the same debt. The alleged pledge of a water pump as s…

Source excerpt

• Bills Of Exchange
• Cheque Dishonour
• Notice Of Dishonour
• Company Liability

Midland Emporium Ltd v Woddamba (HCT-04-CV-CS-0035 OF 2000)

Midland Emporium Ltd v Woddamba (HCT-04-CV-CS-0035 OF 2000) [2005] UGHCCD 26 (6 June 2005)

Court

HC: Civil Division (Uganda)

Case number

HCT-04-CV-CS-0035 OF 2000

Judge

Rugadya, J

The High Court held that the defendant received goods, issued cheques for payment, and failed to prove payment. Judgment was entered for the plaintiff with interest and costs.

• Bills Of Exchange
• Dishonoured Cheques
• Commercial Transactions
• Burden Of Proof
• Interest Awards
• Dishonoured-cheques

Kasango v Voice of Toro Ltd (HCT-00-CV-CS-0147 of 2001)

Kasango v Voice of Toro Ltd (HCT-00-CV-CS-0147 of 2001) [2004] UGHC 37 (15 December 2004)

Court

High Court of Uganda

Case number

HCT-00-CV-CS-0147 of 2001

The High Court dismissed an appeal over a dishonoured cheque, holding that the appellant failed to prove consideration and was not a holder in due course.

• Bills Of Exchange
• Cheque Liability
• Consideration
• Holder In Due Course
• Dishonoured-cheque
• Bills-of-exchange-act

M/S Kots (U) Ltd v Woddamba Nathan

M/S Kots (U) Ltd v Woddamba Nathan (Civil Appeal No. 58 of 2001) [2002] UGCA 15 (1 March 2002)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 58 of 2001

Judge

Kitumba, JA, Mukasa-Kikonyogo, DCJ, Engwau, JA

The Court of Appeal held that the trial judge correctly granted unconditional leave to appear and defend because the respondent raised bona fide triable issues, specifically the assertion of lack of consideration for the cheque. The court emphasized that, under both the Civil Procedure Rules and the Bills of Exchange Act, a defendant is not limited to defences of fraud, duress, or illegality; lack of consideration is also a valid triable issue. The court further held that the appellant was not entitled to unilaterally fix the rate of interest at 25% in the absence of an agreement or statutory…

Source excerpt

• Bills Of Exchange
• Summary Procedure
• Leave To Defend
• Cheque Liability
• Interest On Cheques

Twinomugisha v Uganda Aluminium Ltd

Twinomugisha v Uganda Aluminium Ltd (CIVIL SUIT NO.1030 OF 1998) [2000] UGHC 64 (19 January 2000)

Court

High Court of Uganda

Case number

CIVIL SUIT NO.1030 OF 1998

Judges

Ntabgoba, PJ

The High Court held that the plaintiff did not owe the defendant’s alleged debt and had merely signed blank cheques at her late husband’s request. The defendant’s police report was found to be harassment.

• Malicious Prosecution
• Harassment
• Defamation
• Vicarious Liability
• Damages
• Bills Of Exchange