Uganda Case Law

Imaging The Worls Africa (ITWA) Limited & Another v Nagawa

Imaging The Worls Africa (ITWA) Limited & Another v Nagawa (Miscellaneous Application 111 of 2023) [2024] UGHCCD 139 (30 August 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 111 of 2023

Judge

Musa Ssekaana, J

The court found that the applicants failed to disclose any bona fide triable issue of fact or law in their affidavit. Their denials of indebtedness were general and unsupported, and their allegations of fraud and professional negligence were not substantiated or related to the retainer agreement at issue. The applicants admitted to the existence of the retainer agreement and made partial payments, undermining their denial of liability. The court held that mere denials and unsubstantiated defences do not warrant leave to defend in summary proceedings, which are designed to prevent delay where…

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• Summary Judgment
• Retainer Agreement
• Leave To Defend
• Professional Negligence
• Company Director Liability

Savani v Bhamani & Another

Savani v Bhamani & Another (Civil Application 1268 of 2023) [2024] UGCA 72 (26 March 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 1268 of 2023

Judge

Mulyagonja, JA

The Court of Appeal granted a stay of execution pending appeal, finding arguable issues over an agreement’s validity, alleged duress, and misrepresentation.

• Stay Of Execution
• Triable Issues On Appeal
• Enforceability Of Contracts
• Misrepresentation And Duress
• Company Director Liability
• Stay-of-execution

Kafu Sugar Limited and Another v Attorney General of Uganda and 5 Others

Kafu Sugar Limited and Another v Attorney General of Uganda and 5 Others (Civil Suit No. 55 of 2017) [2022] UGHCCD 106 (17 June 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 55 of 2017

Judge

Byaruhanga Rugyema, J

The High Court dismissed a land dispute over Kiryandongo suit land, holding that the plaintiffs had no proved interest, no legitimate expectation, and no fraud.

• Allocation Of Leasehold
• Fiduciary Duties Of Directors
• Legitimate Expectation
• Fraud In Land Transactions
• Company Director Liability
• Government Land Policy

Space Marketing Uganda Limited v Equifax Uganda Limited and 4 Others

Space Marketing Uganda Limited v Equifax Uganda Limited and 4 Others (Miscellaneous Application No. 969 of 2020) [2020] UGCommC 142 (15 November 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 969 of 2020

Judge

Wabwire, J

The High Court partially allowed an application to amend a plaint to clarify the amount claimed, but refused joinder of a company director and the joint-and-several recovery prayer.

• Amendment Of Pleadings
• Joinder Of Parties
• Company Director Liability
• Privity Of Contract
• Amendment-of-pleadings
• Joinder-of-parties

Navinchandra Vs The Registered Trustees of Bible Society of Uganda

Navinchandra Vs The Registered Trustees of Bible Society of Uganda (Civil Appeal No. 0162 of 2012) [2019] UGCA 54 (26 April 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 0162 of 2012

The Court of Appeal found that the lease agreement between the appellant and the respondent did not amount to a sale and was not prohibited by Section 8 of the Expropriated Properties Act, as a lease retains a reversionary interest for the lessor. The suit was not statute barred because it was filed within twelve years from the accrual of the cause of action, which arose when the respondent was denied access to the property by the government. The appellant, acting in dual capacities as director and advocate, received the purchase money but failed to remit it to the company or refund the respo…

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• Expropriated Property
• Lease Agreements
• Money Had And Received
• Limitation Periods
• Company Director Liability
• Damages Award

May Flower Investments Ltd v Nina Interiors Ltd

May Flower Investments Ltd v Nina Interiors Ltd (Miscellaneous Application No. 661 of 2018) [2018] UGCommC 77 (11 October 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 661 of 2018

The High Court dismissed an application for leave to appeal, finding the applicant had not shown prima facie grounds and that its director’s debt acknowledgment was binding.

• Leave To Appeal
• Summary Suit Procedure
• Debt Acknowledgment
• Company Director Liability
• Leave-to-appeal
• Debt-acknowledgment

Uganda v Mpoya alias Wante & Anor

Uganda v Mpoya alias Wante & Anor (Criminal Session No. 32 of 2012) [2014] UGHCCRD 496 (1 September 2014)

Court

HC: Criminal Division (Uganda)

Case number

Criminal Session No. 32 of 2012

Judge

Alividza, J

The High Court convicted Sande Pande Ndimwibo on counts of obtaining money by false pretence, procuring an offence, and being privy to falsification of company documents.

• Obtaining Money By False Pretence
• Making False Documents
• Company Director Liability
• Bank Fraud
• Tax Fraud
• Procurement Of Offence

Lubwama v Swift Links Investments Ltd & 3 Ors (Misc. Application No. 961 of 2013)

Lubwama v Swift Links Investments Ltd & 3 Ors (Misc. Application No. 961 of 2013) [2014] UGHCLD 128 (11 July 2014)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 961 of 2013

Judge

Luswata, J

The court found that the 1st respondent, Swift Links Investments Ltd, was in contempt of the temporary injunction issued on 8/4/08, which restrained it and its agents from interfering with the suit land. The evidence showed that during the subsistence of the order, the 1st respondent applied for subdivision and transferred the land to third parties, actions that violated the injunction. The court rejected technical objections regarding procedure and delay, emphasizing that contempt is a serious matter and substantive justice should prevail over technicalities. The directors (2nd and 3rd respo…

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• Contempt Of Court
• Injunctive Relief
• Company Director Liability
• Land Trespass
• Remedies For Contempt

Commodity Export International & anoer v MKM Trading Company Ltd &anoer

Commodity Export International & anoer v MKM Trading Company Ltd &anoer (Civil App.No. 96 of 2005) [2006] UGCA 40 (16 June 2006)

Court

Court of Appeal of Uganda

Case number

Civil App.No. 96 of 2005

The Court of Appeal of Uganda dismissed a bid to stay High Court proceedings pending appeal, holding that no exceptional circumstances justified a stay.

• Lifting Corporate Veil
• Stay Of Proceedings
• Company Director Liability
• Fraud Allegations
• Stay-of-proceedings
• Lifting-corporate-veil

Lukyamuzi James v Akright Project Ltd & Anor (High Court Civil Suit No. 319 of 2002)

Lukyamuzi James v Akright Project Ltd & Anor (High Court Civil Suit No. 319 of 2002) [2004] UGCommC 23 (23 August 2004)

Court

Commercial Court of Uganda

Case number

High Court Civil Suit No. 319 of 2002

The court found that the plaintiff was indeed instructed by the second defendant to find land for the first defendant and that he successfully located plot 321 at Mutungo. The evidence established that the plaintiff was the effective broker, despite being excluded from the final transaction. The court rejected the defendants' denial and attempts to discredit the plaintiff, finding their testimony unreliable. The commission of Shs.5m was contractually retained for brokers, and the plaintiff was entitled to this amount. The second defendant, acting as a director, was not personally liable for t…

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• Contractual Commission Disputes
• Agency Relationships
• Company Director Liability