Uganda Case Law

Dolamite Engineering Services Limited v Board of Governors, James Ochola Memorial S.S.S Tororo & Another

Dolamite Engineering Services Limited v Board of Governors, James Ochola Memorial S.S.S Tororo & Another (Civil Suit 413 of 2013) [2024] UGCommC 277 (22 February 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 413 of 2013

Judge

Anna B. Mugenyi, J

The court found that the contract between the parties contained a binding arbitration clause requiring disputes to be resolved through adjudication and arbitration as stipulated in the contract. The plaintiff's claims arose directly from the contract and should have been referred to the dispute resolution mechanism provided therein. The failure to comply with the mandatory arbitration clause rendered the filing of the present suit unnecessary and premature. The court, guided by statutory provisions and case law, held that it lacked jurisdiction to entertain the matter until the arbitration pr…

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• Building Contracts
• Arbitration Clauses
• Breach Of Contract
• Remedies For Breach

Children Of Africa Vs Sarick Construction Ltd (MISC. CIVIL APPLICATION No. 134 OF 2016)

Children Of Africa Vs Sarick Construction Ltd (MISC. CIVIL APPLICATION No. 134 OF 2016) [2019] UGHCCD 154 (16 May 2019)

Court

HC: Civil Division (Uganda)

Case number

MISC. CIVIL APPLICATION No. 134 OF 2016

Judge

Stephen Mubiru, J

The High Court granted conditional leave to defend a summary suit, finding the applicant’s fraud and poor-workmanship allegations were too vague to justify unconditional leave.

• Summary Procedure
• Leave To Defend
• Building Contracts
• Fraud Allegations
• Contractual Disputes
• Summary-procedure

Mohammed v Roko Construction Ltd

Mohammed v Roko Construction Ltd [2014] UGSC 2 (25 March 2014)

Court

Supreme Court of Uganda

The Supreme Court set aside the Court of Appeal ruling for improper panel composition and failure to hear parties on illegality, and remitted the appeal.

• Arbitration Agreements
• Natural Justice
• Fair Hearing
• Building Contracts
• Fair-hearing
• Natural-justice

Tom Mukomazi v Jinda International Textile Corporation

Tom Mukomazi v Jinda International Textile Corporation (Civil Suit No. 106 of 2002) [2003] UGCommC 6 (3 April 2003)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 106 of 2002

A Ugandan commercial court awarded the plaintiff UGX 34 million for refurbishment works, after accepting expert valuation but reducing it for poor workmanship.

• Building Contracts
• Quantum Meruit
• Contractual Obligations
• Counterclaims
• Expert Evidence
• Building-contracts

Stahlco Holdings Ltd v Mission Aviation Fellowship Europe

Stahlco Holdings Ltd v Mission Aviation Fellowship Europe (CIVIL APPEAL NO.2 OF 2001) [2002] UGCA 16 (22 January 2002)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO.2 OF 2001

Judge

Mpagi-Bahigeine, JA, kato ,JA, Twinomujuni, JA

The Court of Appeal found that the contract between the parties included specific plans and specifications, which the appellant failed to follow, resulting in substandard work and delay. The evidence demonstrated that the appellant was aware of the contractual requirements and failed to perform accordingly. The trial judge correctly found that the respondent was entitled to terminate the contract due to the appellant's breach. The appellant was not entitled to quantum meruit or further payment, having already received partial payment in advance. The special damages awarded by the trial judge…

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• Breach Of Contract
• Building Contracts
• Quantum Meruit
• Damages Assessment
• Interest Awards
• Counterclaims

Sietco v Noble Builders (U) Limited

Sietco v Noble Builders (U) Limited (Civil Appeal 31 of 1995) [1997] UGSC 21 (3 April 1997)

Court

Supreme Court of Uganda

Case number

Civil Appeal 31 of 1995

Judge

Wambuzi, CJ, Odoki, JSC, Tsekooko, JSC

The Supreme Court held that the amendments to the plaint, including the correction of the plaintiff's name, did not constitute an unlawful substitution of parties but rather a permissible correction of a misnomer, as both parties were aware of the proper identity and no injustice resulted. The appellant failed to object to the amendments in the lower court and participated fully in the proceedings. The trial Judge exercised judicial discretion properly in refusing adjournments and amendments where insufficient cause was shown, and the exclusion of evidence outside the pleadings was lawful. Th…

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• Building Contracts
• Pleadings Amendment
• Interest Awards
• Counter Claims
• Substantial Performance
• Judicial Discretion

British East Africa Corporation Limited v Kanji and Another

British East Africa Corporation Limited v Kanji and Another (Civil Appeal No. 16 of 1939) [1939] EACA 62 (1 January 1939)

Court

East African Court of Appeal

Case number

Civil Appeal No. 16 of 1939

Judge

Law, C.J (Zanzibar), Sheridan, (C.J. Kenya), Whitley CJ

The Court of Appeal held that the intention of the parties, as evidenced by the substitution of clause 17 for the standard arbitration clause, was to make the architect's assessment and certificate final and binding on all disputes, including extras and variations, except in cases of fraud or collusion. The architect's role was not that of a formal arbitrator but as an expert whose practical knowledge was to be applied to resolve disputes informally. The court found that the architect had duly considered both sides and exercised his judgment as required by the contract. The preliminary object…

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• Building Contracts
• Arbitration Clauses
• Architect Certification
• Finality Of Certificates
• Non Joinder Of Parties
• Contractual Dispute Resolution