Uganda Case Law

Nabiteme v Tropical Bank Ltd

Nabiteme v Tropical Bank Ltd (Miscellaneous Application No. 1059 of 2019) [2022] UGCommC 53 (29 July 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1059 of 2019

Judge

Rwakakooko, J

The court found that the Applicant raised several triable issues of law and fact, including the accuracy of the sums claimed, whether payments made by the Applicant were properly accounted for, and the legal effect and execution of the Compromise Agreement between the Respondent and Africa Travel Ltd. The Applicant's assertion that she is among the employees covered by the Compromise Agreement and that her employer took over her loan obligation presents a genuine dispute requiring evidence at trial. The Respondent's rebuttal, including the authenticity and applicability of the Compromise Agre…

Source excerpt

• Summary Procedure
• Leave To Defend
• Loan Recovery
• Compromise Agreement
• Triable Issues

Hussien v Hussien

Hussien v Hussien (Civil Application 17 of 2003) [2003] UGSC 46 (25 September 2003)

Court

Supreme Court of Uganda

Case number

Civil Application 17 of 2003

Judge

Oder, JSC

The Supreme Court of Uganda granted an interim ex parte stay of execution, restraining enforcement of a consent order and preservation-related acts over disputed property.

• Stay Of Execution
• Interim Orders
• Consent Order
• Compromise Agreement
• Stay-of-execution
• Interim-orders

Hirani v Kassam

Hirani v Kassam (Civil Appeal No. 11 of 1952) [1952] EACA 131 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Appeal No. 11 of 1952

Judge

Mayers J, Nihill P, Worley VP

Where a suit is settled by a compromise recorded under Order 24, rule 6, the resulting consent judgment constitutes a new contract between the parties, which supersedes the original cause of action. The court cannot interfere with the terms of such a compromise except on grounds that would justify varying or rescinding a contract, such as fraud, collusion, or material misapprehension. The mode of payment agreed upon in the consent judgment is an integral part of the contract and cannot be severed or altered by the court absent such grounds. No default in payment was established, as payments m…

Source excerpt

• Consent Judgment
• Compromise Agreement
• Enforcement Of Decrees
• Payment By Instalments
• Assignment Of Judgment Debt