Uganda Case Law

Sino East Africa Trade Development Company Limited & Another v Dida Investment Consult Limited

Sino East Africa Trade Development Company Limited & Another v Dida Investment Consult Limited (Civil Suit 320 of 2021) [2023] UGCommC 273 (20 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 320 of 2021

Judge

Cornelia Kakooza Sabiiti, J

The court found that the Plaintiffs and Defendant entered into binding contractual agreements through two Memoranda of Understanding and related documents, under which the Plaintiffs advanced a total of USD 60,000 to the Defendant for consultancy services. The agreements expressly provided that if the identified contractors were not awarded the relevant contracts, the Defendant would refund the advances. The evidence, including dishonored cheques issued as security, established that the Defendant failed to refund the sums after the contractors were unsuccessful, constituting a clear breach of…

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• Breach Of Contract
• Memorandum Of Understanding
• Consultancy Agreements
• Restitution
• Damages
• Interest Awards

Omer farming company Ltd Vs Rehoboth Agricultural Management services Ltd (MISC. CAUSE NO. 21 OF 2019)

Omer farming company Ltd Vs Rehoboth Agricultural Management services Ltd (MISC. CAUSE NO. 21 OF 2019) [2019] UGHCCD 116 (14 June 2019)

Court

HC: Civil Division (Uganda)

Case number

MISC. CAUSE NO. 21 OF 2019

Judge

Musa Ssekaana, J

The court found that the debt claimed by the respondent was not ascertained, as the applicant genuinely disputed the sums claimed and raised substantial counterclaims regarding services not rendered and payments already made. The statutory demand was therefore improperly issued in circumstances where the existence and quantum of the debt were in dispute and required resolution through ordinary litigation or alternative dispute resolution mechanisms as provided in the parties' agreement. The court emphasized that insolvency proceedings are not intended to establish rights but to enforce them,…

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• Statutory Demand
• Insolvency Proceedings
• Debt Dispute
• Consultancy Agreements
• Alternative Dispute Resolution

Rubaire & 10 Ors v Development Consultants Ltd

Rubaire & 10 Ors v Development Consultants Ltd (Civil Suit No. 370 of 2011) [2015] UGCommC 57 (27 March 2015)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 370 of 2011

The High Court held that consultancy contracts were valid and breached by non-payment of agreed fees and expenses. The Plaintiffs recovered contractual sums and costs.

• Breach Of Contract
• Consultancy Agreements
• Damages For Non Payment
• Interest Awards
• Counterclaim Dismissal
• Breach-of-contract

Victorious Education Services Ltd v Mega Consults Ltd (High Court Civil Appeal No. 7 of 2014)

Victorious Education Services Ltd v Mega Consults Ltd (High Court Civil Appeal No. 7 of 2014) [2015] UGCommC 46 (13 March 2015)

Court

Commercial Court of Uganda

Case number

High Court Civil Appeal No. 7 of 2014

The High Court allowed the appeal, set aside the magistrate’s judgment, and dismissed the consultancy claim for lack of proof of a valid contract and services rendered.

• Consultancy Agreements
• Company Execution Of Contracts
• Burden Of Proof
• Award Of Interest
• Contractual Commissions
• Consultancy-agreements