Uganda Case Law

Ssenyonjo and Another v Stanbic Bank Uganda Limited

Ssenyonjo and Another v Stanbic Bank Uganda Limited (civil suit no. 4/2015) [2015] UGCommC 298 (22 June 2015)

Court

Commercial Court of Uganda

Case number

civil suit no. 4/2015

Judge

Adonyo, J

The court found that the plaintiffs, as illiterates, were not properly informed of the terms of the lease agreement, and the defendant failed to comply with the mandatory requirements of the Illiterates Protection Act. The documents were not translated or explained, and the defendant did not verify the plaintiffs' understanding. Consequently, there was no valid contract between the parties. The defendant's actions in impounding and selling the buses without proper notice were unlawful and in breach of the lease agreement. The contract was declared illegal and unenforceable, and the plaintiffs…

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• Finance Lease Agreements
• Illiterates Protection
• Contract Nullity
• Banking Liability
• Restitution
• Vat Refunds

Punjani Motors Limited v Pabari Properties Limited

Punjani Motors Limited v Pabari Properties Limited (Miscellaneous Application 1080 of 1998) [1998] UGHC 23 (9 December 1998)

Court

High Court of Uganda

Case number

Miscellaneous Application 1080 of 1998

Judge

Tabaro, J

The High Court held that a land sale agreement made before a company’s incorporation was void, struck out the plaint, and ordered removal of the caveat.

• Preincorporation Contracts
• Removal Of Caveat
• Sale Of Land
• Contract Nullity
• Specific Performance
• Property Transfer

Abdalla Faraj v Odimbe and company Advocates

Abdalla Faraj v Odimbe and company Advocates (Civil Suit No. 962 of 1986) [1998] UGHC 38 (27 August 1998)

Court

High Court of Uganda

Case number

Civil Suit No. 962 of 1986

Judges

Ntabgoba, PJ

The court found that the contested agreement did not comply with section 4 of the Illiterates Protection Act, as it lacked the required certificate and assurance that the document was explained to and understood by the illiterate plaintiff. The plaintiff, being illiterate, was a member of the protected class under the Act. The absence of compliance rendered the agreement illegal and void, and the plaintiff was not estopped from challenging its validity. There was no sufficient evidence of fraud or deceit, nor were the parties in pari delicto. The partnership was dissolved upon the death of on…

Source excerpt

• Illiterates Protection Act Compliance
• Partnership Disputes
• Contract Nullity
• Damages For Deprivation
• Trespass To Business