Uganda Case Law

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

Diamond Trust Properties v Yoka Rubber Industries Limited

Diamond Trust Properties v Yoka Rubber Industries Limited (Civil Application 6 of 2013) [2015] UGSC 128 (11 September 2015)

Court

Supreme Court of Uganda

Case number

Civil Application 6 of 2013

Judge

Arach-Amoko, JSC

The Supreme Court dismissed an application for security for costs, holding that non-payment alone was insufficient and that the three-year delay was inordinate.

• Security For Costs
• Appellate Procedure
• Company Litigation
• Costs Awards
• Delay In Application
• Distress For Rent

UGANDA GINNERS & COTTON EXPORTERS ASSOCIATION L T D & ORS VS MUDDU AWULIRA ENTERPRISES L T D

UGANDA GINNERS & COTTON EXPORTERS ASSOCIATION L T D & ORS VS MUDDU AWULIRA ENTERPRISES L T D (Civil Appeal No. 28 of 2015) [2015] UGCA 96 (27 May 2015)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 28 of 2015

Judge

Kakuru, JA, Mwondha, JA, Kasule, JA

The Court of Appeal found that the application for leave to appeal was without merit. The core issues raised by the applicants—insufficiency of court fees, lack of security for costs, time-bar, and procedural defects—were either irrelevant to the application for security for costs or unsupported by credible evidence. The affidavits relied upon by the applicants were found to be false in material respects, and the application for security for costs was properly dismissed by the Assistant Registrar. The computation of court fees must follow statutory rules, and there is no legal requirement to…

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• Security For Costs
• Court Fees Computation
• Leave To Appeal
• Affidavit Evidence
• Company Litigation
• Abuse Of Process