Uganda Case Law

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023)

Kabalinda v Tolesheet Enterprises Limited (Labour Dispute Reference 1 of 2023) [2024] UGIC 40 (17 September 2024)

Court

Industrial Court of Uganda

Case number

Labour Dispute Reference 1 of 2023

Judges

Wabwire Musana, J, Musimbi, Panel Member, Bigirimana penal member, Matovu

The Industrial Court found that the claimant had previously filed a suit in the High Court at Mubende against the same respondent, seeking the same commission for the sale of land under an agency agreement. The High Court, a court of competent jurisdiction, had fully adjudicated the matter, found a valid agency contract, and awarded the claimant a commission. The claimant admitted to this prior judgment both orally and through counsel. The issues, parties, and subject matter in both cases were identical. Under Section 7 of the Civil Procedure Act, the doctrine of res judicata strictly bars th…

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• Res Judicata
• Labour Officer Referral
• Agency Contracts
• Commission Entitlement

Sseruwagi v Jamani & 2 Others

Sseruwagi v Jamani & 2 Others (Civil Suit 1024 of 2019) [2023] UGCommC 181 (30 March 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 1024 of 2019

Judge

Mutesi, J

The High Court held that an alleged 2017 oral commission agreement worth USD 80,000 was unenforceable because it was required to be in writing under section 10(5) of the Contracts Act.

• Agency Relationships
• Oral Contracts
• Commission Entitlement
• Enforceability Of Contracts
• Statutory Requirements
• Contractual Consideration

Opus v Harvest Farm Seeds Ltd

Opus v Harvest Farm Seeds Ltd [2013] UGSC 10 (30 May 2013)

Court

Supreme Court of Uganda

The Supreme Court held that the Court of Appeal correctly reversed the award of general damages, as the appellant was sufficiently compensated by the commission and interest awarded. General damages must be compensatory and arise from the breach, not serve as punitive measures. The Court of Appeal properly re-evaluated the evidence and found that the appellant failed to discharge the burden of proof for commission claims beyond the first season, as he did not provide adequate documentation of sales. The appellant's failure to retain copies of sales reports did not breach confidentiality and w…

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• Breach Of Employment Contract
• Commission Entitlement
• General Damages
• Evidence Evaluation

Barclays Bank of Uganda Limited v Francis Mucunguzi

Barclays Bank of Uganda Limited v Francis Mucunguzi (Civil Appeal No. 57 of 2010) [2013] UGHC 260 (1 February 2013)

Court

High Court of Uganda

Case number

Civil Appeal No. 57 of 2010

Judge

Mwangusya, J

The High Court allowed Barclays Bank’s appeal, holding that a letter supporting the employee’s commission claim was wrongly admitted and his entitlement was not proved.

• Admissibility Of Evidence
• Commission Entitlement
• Burden Of Proof
• Special And General Damages
• Admissibility-of-evidence
• Burden-of-proof

Manasseh Kamugisha V Uganda Prefabricated Industry Ltd

Manasseh Kamugisha V Uganda Prefabricated Industry Ltd (Civil Suit No. 115 of 1994) [1995] UGHC 7 (5 December 1995)

Court

High Court of Uganda

Case number

Civil Suit No. 115 of 1994

Commercial dispute over a title deed used as loan security. The High Court held the parties modified their agreement by conduct and dismissed the suit with costs.

• Contract Modification
• Security For Loans
• Commission Entitlement
• Breach Of Contract
• Estoppel
• Mortgage Release