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Uganda Case Law

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Commercial And Corporate [2024] UGHC 140

Balinda Transporters Limited v Magic Water General Hard Ware Limited

Balinda Transporters Limited v Magic Water General Hard Ware Limited (Civil Suit 38 of 2021) [2024] UGHC 140 (5 April 2024)

Court
High Court of Uganda
Case number
Civil Suit 38 of 2021
Judge
Wagona, J

The court found that the plaintiff's pleadings and annexed documents disclosed a cause of action for breach of contract arising from supply of goods on credit. The credit request forms and delivery notes, though not signed by the defendant's managing director, were signed by employees with apparent authority, binding the defendant company. The defendant admitted receipt of goods but failed to provide evidence of payment, shifting the burden of proof to the defendant, who did not discharge it. The plaintiff's evidence was more credible, establishing that the defendant was indebted for the clai…

Source excerpt

  • Breach Of Contract
  • Supply Of Goods On Credit
  • Company Authority To Sue
  • Burden Of Proof
  • Award Of General Damages
  • Interest On Decretal Sum
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Civil Procedure [2023] UGHCCD 218

Circle Ventures Limited v Kasese District Land Board and Another

Circle Ventures Limited v Kasese District Land Board and Another (Miscellaneous Application 1 of 2023) [2023] UGHCCD 218 (8 June 2023)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application 1 of 2023
Judge
Wagona, J

The court found that Misc. Cause No. 006 of 2021 was instituted in the name of the applicant without proper authorization by way of a company resolution or by a director listed in the official company records. The affidavit in support of the original application was deponed by Kasozi Dembe Godfrey, who was not a director of the applicant according to Form 20, and no evidence of authorization was provided. The applicant took timely steps to disassociate itself from the proceedings, but its protest was not actively brought to the attention of the judge prior to the ruling. The absence of proper…

Source excerpt

  • Review Of Court Orders
  • Company Authority To Sue
  • Affidavit Defects
  • Error Apparent On Record
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Civil Procedure [1995] UGSC 32

Navichandra v Kakubhai Kalidas & Co. Limited

Navichandra v Kakubhai Kalidas & Co. Limited (Civil Appeal 10 of 1994) [1995] UGSC 32 (16 June 1995)

Court
Supreme Court of Uganda
Case number
Civil Appeal 10 of 1994
Judge
Wambuzi, CJ, Odoki, JSC, Tsekooko, JSC

The Supreme Court held that the question of whether the respondent's advocates had authority to institute the suit was a matter of evidence and could not be determined at the preliminary stage based solely on assertions in pleadings and statements at the bar. The burden of proof lay on the appellant to establish lack of authority, which he failed to do. The trial judge was correct to overrule the preliminary objection, as lack of authority did not plainly appear and could only be resolved after hearing relevant evidence. The attempt to introduce fresh evidence on appeal was inadmissible. The…

Source excerpt

  • Company Authority To Sue
  • Preliminary Objection
  • Burden Of Proof
  • Advocate Instructions
  • Corporate Resolutions
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.