Uganda Case Law

Bitwire & Another v The Co-operative Bank Limited

Bitwire & Another v The Co-operative Bank Limited (Civil Appeal No. 21 of 2007) [2019] UGHC 82 (12 November 2019)

Court

High Court of Uganda

Case number

Civil Appeal No. 21 of 2007

Judge

Egonda-Ntende, JA, Obura, JA, Musoke, JA

The Court of Appeal of Uganda dismissed an appeal over stopped cheques and an alleged bank deposit, holding that the appellants failed to prove actual notice or the deposit.

• Cheque Countermand
• Bank Liability For Forged Instruments
• Burden Of Proof On Deposit Slips
• Contractual Duties Of Banks
• Evidence Evaluation
• Remedies In Bank Disputes

Stanbic Bank (Uganda) Ltd v Sino Africa Health Ltd (HCT-00-CV-CS 137 of 2004)

Stanbic Bank (Uganda) Ltd v Sino Africa Health Ltd (HCT-00-CV-CS 137 of 2004) [2008] UGCommC 8 (4 February 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CV-CS 137 of 2004

The plaintiff bank received a valid countermand notice from its customers instructing it to stop payment of two cheques. Due to an internal error, the cheques were nonetheless paid to the defendant. The defendant failed to deliver the dental chair as agreed, resulting in a total failure of consideration. Under Ugandan law and persuasive English authority, a bank that pays a cheque after receiving a countermand acts without mandate and is entitled to recover the sum from the payee unless the payee has changed position in good faith or the payment was for good consideration. The defendant did n…

Source excerpt

• Banking Liability
• Mistake Of Fact
• Cheque Countermand
• Unjust Enrichment
• Contractual Consideration