Uganda Case Law

Visare (U) Limited v Simba Telecom Limited (Company Cause No. 1 of 2022)

Visare (U) Limited v Simba Telecom Limited (Company Cause No. 1 of 2022) [2025] UGCommC 121 (2 June 2025)

Court

Commercial Court of Uganda

Case number

Company Cause No. 1 of 2022

Judge

Susan Odongo, J

The court found that the petitioner failed to comply with mandatory statutory requirements for winding up proceedings, specifically the issuance of a public notice and proper service of the statutory demand. The public notice is required to inform stakeholders and ensure transparency, and its absence renders the proceedings null and void. Additionally, the statutory demand was served on 'Simba Group' rather than the legal entity 'Simba Telecom Limited,' making the service defective and legally ineffective. These procedural defects are fatal to the competence of the petition, and as such, the…

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• Company Winding Up
• Statutory Demand Service
• Public Notice Requirement
• Insolvency Proceedings

Uganda Moslem Supreme Council v Yudaya & 2 Others & Ssewante v Yudaya & 3 Others

Uganda Moslem Supreme Council v Yudaya & 2 Others & Ssewante v Yudaya & 3 Others (Miscellaneous Application 536 of 2024; Miscellaneous Application 541 of 2024; Miscellaneous Application 549 of 2024) [2025] UGHCCD 2 (3 January 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application 536 of 2024 ; Miscellaneous Application 541 of 2024 ; Miscellaneous Application 549 of 2024

Judge

Douglas Karekona Singiza, J

The High Court determined that it had jurisdiction to hear and determine the consolidated applications, including the application for review. However, the existence of a valid arbitration clause in article 28 of the UMSC constitution, which mandates that disputes concerning the management and affairs of the UMSC be resolved by the Muslim Arbitration and Conciliation Council (MAC), was not considered in the original judgment. This omission constituted an error apparent on the face of the record. The court found that the parties should have been referred to the MAC for resolution of their dispu…

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• Review Of Judgment
• Arbitration Clauses
• Company Winding Up
• Religious Organization Governance
• Contempt Of Court
• Joinder Of Parties

INCAFEX Limited v Rukikaire

INCAFEX Limited v Rukikaire (Civil Application 8 of 2023) [2023] UGSC 68 (17 November 2023)

Court

Supreme Court of Uganda

Case number

Civil Application 8 of 2023

Judge

Owiny-Dollo, CJ, Mike Chibita, JSC, Elizabeth Musoke, JSC, Stephen Musota, JSC, Madrama , JSC

The Supreme Court held that Civil Application No. 04 of 2021 had already been determined by Justice Chibita, JSC, who declined to grant the orders sought and advised parties to proceed with the audit as ordered in Civil Appeal No. 03 of 2015. There was no pending matter before the Supreme Court to be stayed, and any further proceedings regarding execution or consequential orders must be brought before the High Court, which retains jurisdiction over such matters following the Supreme Court's judgment. The application for stay of proceedings pending disposal of Constitutional Petition No. 06 of…

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• Stay Of Proceedings
• Company Winding Up
• Special Audit Orders
• Contempt Of Court
• Jurisdiction Of Supreme Court

Mulindwa v Lukuli Coffee Factory Ltd & 5 Ors

Mulindwa v Lukuli Coffee Factory Ltd & 5 Ors (Civil Appeal No. 232 of 2013) [2020] UGCA 101 (10 August 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 232 of 2013

Judge

Egonda-Ntende, JA, Muzamiru, JA, Barishaki, JA

The Court of Appeal dismissed a shareholder’s appeal seeking to wind up a company, holding that alternative remedies existed and the alleged illegalities were not substantiated.

• Company Winding Up
• Shareholder Disputes
• Board Of Directors Powers
• Register Of Members Rectification
• Oppression Remedies
• Just And Equitable Clause

Mukasa & Another v East and Central Uganda Integrated Framers Association (ECUIFA) & Another (COMPANY CAUSE NO. 5 OF 2018)

Mukasa & Another v East and Central Uganda Integrated Framers Association (ECUIFA) & Another (COMPANY CAUSE NO. 5 OF 2018) [2020] UGHCCD 114 (29 May 2020)

Court

HC: Civil Division (Uganda)

Case number

COMPANY CAUSE NO. 5 OF 2018

Judge

Musa Ssekaana, J

The High Court dismissed a petition to wind up a non-profit company limited by guarantee, finding the petitioners failed to prove oppression or mismanagement.

• Company Winding Up
• Oppression Of Minority
• Company Management Disputes
• Non Profit Organisations
• Company-winding-up
• Minority-oppression

E.B Nyakana & Sons Limited v Kobusinge & 16 Others

E.B Nyakana & Sons Limited v Kobusinge & 16 Others (Civil Appeal 2 of 2017) [2018] UGSC 58 (22 May 2018)

Court

Supreme Court of Uganda

Case number

Civil Appeal 2 of 2017

Judge

Katureebe, CJ, Mwangusya, JSC, Opio Aweri, JSC, Tibatemwa, JSC, Buteera, JSC

The Supreme Court upheld a company winding-up order, holding that affidavit evidence was permissible, open court was satisfied, and the Will provisions were invalid.

• Company Winding Up
• Shareholder Disputes
• Affidavit Evidence
• Succession And Wills
• Open Court Hearings
• Company-winding-up

INCAFEX Limited v Rukikaire

INCAFEX Limited v Rukikaire (Civil Appeal Number 67 of 2010) [2014] UGCA 77 (22 December 2014)

Court

Court of Appeal of Uganda

Case number

Civil Appeal Number 67 of 2010

Judge

-

The Court of Appeal set aside a High Court order in a company oppression claim, holding that the respondent failed to prove share payment and lacked locus standi.

• Company Shareholding
• Oppression Of Minority
• Corporate Governance
• Locus Standi
• Company Winding Up
• Company-oppression

In the matter of Venture Communications Uganda Limited (Company Cause 39 of 2011)

In the matter of Venture Communications Uganda Limited (Company Cause 39 of 2011) [2013] UGHCCD 869 (20 December 2013)

Court

HC: Civil Division (Uganda)

Case number

Company Cause 39 of 2011

Judge

Musoke, J

The High Court dismissed a winding-up petition by Venture Communications Uganda Limited, holding that disputed debts and fraud allegations required separate inquiry.

• Company Winding Up
• Insolvency
• Creditor Claims
• Corporate Liquidation
• Company-winding-up
• Disputed-debt

Plexus Cotton Limited v Muddu Awulira Enterprises Limited

Plexus Cotton Limited v Muddu Awulira Enterprises Limited (Miscellaneous Application 287 of 2004) [2004] UGCommC 144 (21 May 2004)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 287 of 2004

Judge

Kiryabwire, J

The High Court dismissed an application to appoint a provisional liquidator, finding the applicant had not shown an unopposed prima facie winding-up case or imminent risk to assets.

• Company Winding Up
• Provisional Liquidator
• Creditor Rights
• Insolvency
• Arbitral Awards
• Asset Protection

Salzgitter Handel GMBH v Sembule Steel Mills Limited (COMPANY CAUSE NO. 06 OF 2001)

Salzgitter Handel GMBH v Sembule Steel Mills Limited (COMPANY CAUSE NO. 06 OF 2001) [2001] UGHC 129 (21 November 2001)

Court

High Court of Uganda

Case number

COMPANY CAUSE NO. 06 OF 2001

Judge

Okumu Wengi, J

The High Court ordered Sembule Steel Mills Limited wound up after finding the company unable to pay an admitted debt owed to Salzgitter Handel GmbH.

• Company Winding Up
• Creditor Petition
• Insolvency
• Liquidation Orders
• Company-winding-up
• Creditor-petition