Uganda Case Law

Weyombo v Warere

Weyombo v Warere (Miscellaneous Application 82 of 2024) [2025] UGHC 5 (15 January 2025)

Court

High Court of Uganda

Case number

Miscellaneous Application 82 of 2024

Judge

Lubega, J

The court found that the Applicant's denial of indebtedness and claim of illiteracy, coupled with the assertion that the acknowledgment forming the basis of the Respondent's claim was not known to him and executed in a language he does not understand, raised a bona fide triable issue. The Respondent failed to challenge the Applicant's literacy status through cross-examination, leaving the Applicant's assertions untested. Applying the principles under Order 36 of the Civil Procedure Rules and relevant case law, the court held that the Applicant had disclosed sufficient grounds for unconditiona…

Source excerpt

• Summary Suit Procedure
• Leave To Defend
• Contract Of Guarantee
• Triable Issues
• Affidavit Evidence

Pricilla Lopdrup ( suing through her Attorney Lutaaya ) v Mirembe Lubwama and 2 Others

Pricilla Lopdrup ( suing through her Attorney Lutaaya ) v Mirembe Lubwama and 2 Others (Civil Suit No. 260 of 2015) [2020] UGCommC 147 (22 December 2020)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 260 of 2015

Judge

Wabwire, J

The High Court held that the defendants validly guaranteed the debt, found no duress, and ordered them to pay the outstanding UGX 80,000,000 with interest and costs.

• Contract Of Guarantee
• Enforceability Of Guarantee
• Duress In Contract
• Liability Of Guarantor
• Contract-of-guarantee
• Duress-in-contract

Karangwa v Kulanju

Karangwa v Kulanju (Civil Appeal No. 3 of 2016) [2017] UGCommC 91 (24 August 2017)

Court

Commercial Court of Uganda

Case number

Civil Appeal No. 3 of 2016

The High Court allowed an appeal, holding that the alleged guarantee was unenforceable because it exceeded 25 currency points and was not in writing.

• Contract Of Guarantee
• Oral Contracts
• Cause Of Action
• Statutory Requirements
• Misrepresentation
• Enforceability Of Contracts

Equator Sawmills Ltd v Patel (C.A. 16/1933.)

Equator Sawmills Ltd v Patel (C.A. 16/1933.) [1933] EACJ 2 (1 January 1933)

Court

East African Court of Justice

Case number

C.A. 16/1933.

Judge

Barth, C.J (Kenya), Lucie-Smith, J. (Kenya), Sheridan, C.J. (Tanganyika)

The Court of Appeal held that a formal guarantee could confirm an earlier agreement and cover timber supplied before execution, and remitted the case.

• Contract Of Guarantee
• Construction Of Contracts
• Liability Of Surety
• Equitable Mortgage
• Contract-of-guarantee
• Construction-of-contracts