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Uganda decisions
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Rak Ceramics & Sanitary Ware Ltd and Others v Bank of Baroda (U) Ltd (Civil Suit No. 0898 of 2024; Miscellaneous Application 1609 of 2024) [2025] UGCommC 65 (12 February 2025)
The High Court dismissed an application for unconditional leave to defend a summary suit over a loan recovery claim, finding no bona fide triable issue.
Kwehangana v Amara (Civil Appeal 15 of 2024) [2024] UGHC 918 (13 September 2024)
The appeal was dismissed because the contract between the parties was frustrated by the discovery that the land subject to titling fell within a Government gazetted resettlement scheme, making further performance impossible. The Respondent provided a reasonable and unchallenged accountability for the Ugx 4,000,000 received, detailing expenses incurred in the process of surveying and attempting to process the title. The Appellant failed to rebut the defence of impossibility of performance or to prove breach of contract. The trial Magistrate properly evaluated the evidence, framed the relevant…
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Bamwine v Trident Impex Uganda Limited (Miscellaneous Application 199 of 2023) [2024] UGCommC 145 (2 April 2024)
The High Court granted the applicant unconditional leave to defend a summary suit, finding contested documents and frustration raised bona fide triable issues.
Nakayi v DFCU Bank (U) Limited (Civil Suit 959 of 2022) [2024] UGCommC 282 (26 March 2024)
The High Court dismissed a borrower’s challenge to sale of mortgaged property, rejected frustration and unconscionable-interest claims, and entered judgment for the bank on counterclaim.
Sanitation Africa Limited v Lutheran World Federation (Civil Suit 745 of 2021) [2024] UGCommC 278 (25 March 2024)
The contract between the parties became operational only upon submission of the Performance Guarantee on 15th March 2021. Subsequent delays and ultimate cancellation were caused by third-party refusal to hand over the project site, a circumstance beyond the control of both parties and known to the plaintiff. The defendant repeatedly communicated the situation and instructed the plaintiff to halt further undertakings. The plaintiff nonetheless incurred expenses before the contract became effective and contrary to express instructions. The court found that the contract was frustrated by circums…
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Rusfar Trading Co. Limited v Chongqing International Construction Corporation Limited and Others (Miscellaneous Application 1702 of 2021) [2023] UGCommC 71 (17 October 2023)
The High Court dismissed an application to set aside a consent judgment, holding that the applicant had not proved frustration, misrepresentation, or mistake.
Rushfar Trading company Limited v Chongqing International Construction corporation Limited and 2 Others (Miscellaneous Application 1702 of 2021) [2023] UGCommC 101 (17 October 2023)
The High Court refused to discharge or set aside a consent judgment in a commercial dispute, finding no frustration, mistake, or misrepresentation proved.
Life FM 93.8 Limited v Emamba Esazire United Brothers Company Limited (Miscellaneous Application 58 of 2021) [2023] UGHCCD 193 (14 April 2023)
The High Court dismissed an application to set aside or vary a consent on payment of judgment debt, holding that COVID-19 did not vitiate the agreement.
Bukenya v Sajjad Butt (Civil Suit No. 58 of 2021) [2022] UGHCLD 223 (31 October 2022)
The court found that although the COVID-19 lockdown made performance of the tenancy agreement burdensome for the Plaintiff, it did not render performance impossible or impracticable. The Plaintiff remained in occupation of the premises and did not accept the Defendant's offer of a waiver. The tenancy agreement lacked a force majeure clause, and the doctrine of frustration, as interpreted in Ugandan law and relevant case law, does not apply to leases except in exceedingly rare circumstances. The Plaintiff's obligation to pay rent was unconditional, and the Defendant's termination notice compli…
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Kizito v Finca (U) Ltd (Labour Dispute 57 of 2017) [2019] UGIC 48 (25 September 2019)
The court found that the Claimant's employment contract was uniquely subject to the approval and ongoing regulation of the Bank of Uganda under the Micro Finance Deposit-Taking Institutions Act, 2003. The withdrawal of regulatory approval and subsequent removal of the Claimant from his position by the Central Bank rendered the contract impossible to perform and frustrated by operation of law. The Respondent was left with no legal obligation to continue the employment relationship or provide work. The court further held that the right to a fair hearing and disciplinary procedures under Article…
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