Uganda Case Law

Illumina (U) Limited v Mukama

Illumina (U) Limited v Mukama (Miscellaneous Application 2251 of 2023) [2023] UGCommC 140 (15 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2251 of 2023

Judge

Tumusiime Rubagumya, J

The Applicant failed to raise any bona fide triable issue of fact or law to warrant leave to appear and defend the summary suit. The evidence, including an undisputed acknowledgment of debt signed by the Applicant's Managing Director, established that the Applicant was indebted to the Respondent in the claimed sum. The assertion that the transaction was unauthorized was unsupported, and no evidence was provided to show the director lacked authority or that the board had disassociated itself from the transaction. The Court found that the Applicant's arguments were general denials intended to a…

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• Summary Procedure
• Leave To Defend
• Company Director Authority
• Liquidated Claims
• Costs Award

Katkar Hanumant S. v Miracle Motors Co. Limited

Katkar Hanumant S. v Miracle Motors Co. Limited (Civil Suit 800 of 2018) [2021] UGCommC 186 (11 October 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 800 of 2018

Judge

Stephen Mubiru, J

The High Court held Miracle Motors liable for an unpaid loan balance, upheld the contracts, rejected the money-lending illegality argument, and awarded reduced interest and costs.

• Contract Enforceability
• Company Director Authority
• Money Lending Regulation
• Unconscionable Interest
• Special Damages
• Costs Award

Money lenders Association of Uganda Ltd and Another v Uganda Registration Services Bureau (Company Cause No. 11 of 2019)

Money lenders Association of Uganda Ltd and Another v Uganda Registration Services Bureau (Company Cause No. 11 of 2019) [2020] UGCommC 153 (10 July 2020)

Court

Commercial Court of Uganda

Case number

Company Cause No. 11 of 2019

Judge

Wabwire, J

The court held that while a board resolution is not required for a company to commence legal proceedings, representation by an agent or director in court must be supported by a valid power of attorney or appointment as an advocate. Male H. Mabirizi K. Kiwanuka, acting as agent and director, failed to present a power of attorney or evidence of appointment as an advocate, and thus lacked the requisite mandate to institute and appear in the suit on behalf of the Applicants. Furthermore, the suit was instituted against the wrong party, as the Uganda Registration Services Bureau, a quasi-judicial…

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• Company Director Authority
• Company Litigation
• Powers Of Attorney
• Quasi Judicial Review

Habre International (U) Ltd Vs Dabo Kalilou

Habre International (U) Ltd Vs Dabo Kalilou (Civil Appeal No. 08 of 2012) [2019] UGCA 166 (25 June 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 08 of 2012

The Court of Appeal dismissed an appeal over sale and transfer of land, finding no proved fraud, valid execution under the RTA, and no error affecting the outcome.

• Fraudulent Transfer Of Land
• Company Director Authority
• Execution And Attestation Of Instruments
• Change Of Company Name
• Demolition Of Structures
• Registration Of Titles

Habre International (K) Ltd v Bagalaaliwo

Habre International (K) Ltd v Bagalaaliwo (Civil Suit No. 468 of 2006) [2017] UGHCLD 11 (15 February 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 468 of 2006

Judge

Bashaija, J

The court found that the transaction between the plaintiff and defendant was a valid sale, not a loan, with full consideration paid and proper execution of the transfer form, including company seal and attestation by the plaintiff's lawyer. The allegations of fraud were unsupported by evidence, and the director had actual authority to transact on behalf of the company. The plaintiff had locus at the time of the transaction, and any internal company matters regarding the seal or attestation could not be used to invalidate the transfer. The counterclaimant was entitled to mesne profits for wron…

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• Fraud In Land Transactions
• Company Director Authority
• Transfer Of Title
• Mesne Profits
• Company Seal And Attestation
• Locus Standii