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Uganda Case Law

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Banking And Finance [2015] UGCommC 23

Golf View Inn (U) Ltd v Barclays Bank (U) Ltd

Golf View Inn (U) Ltd v Barclays Bank (U) Ltd (Civil Suit No. 358 of 2009) [2015] UGCommC 23 (23 January 2015)

The court found that the Defendant overcharged interest on the Plaintiff’s loan account, as determined by an independent expert appointed by consent of both parties, and that the Defendant was bound by the expert’s report due to waiver and estoppel. The Plaintiff was entitled to a refund of the overcharged interest. The court held that the remortgaging expense was contractually due, as the Plaintiff had agreed to up-stamp the security and pay associated costs under the facility letter and mortgage deed. However, the court found that the Defendant’s debit of Ushs.196,693,961/= as legal costs o…

  • Loan Facility Disputes
  • Mortgage Enforcement
  • Interest Overcharge
  • Legal Costs Recovery
  • Contractual Estoppel
  • Remedies For Breach
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Employment And Labour [2004] UGSC 43

Bholm v Car& and General Ltd

Bholm v Car& and General Ltd (Civil Appeal 12 of 2002) [2004] UGSC 43 (16 January 2004)

The Supreme Court found that a valid written contract of employment existed between the appellant and the respondent, evidenced by documentary and conduct-based admissions, and that the respondent's subsequent denial was not credible. The respondent, having acted as employer and fulfilled contractual obligations, was estopped from denying the contract. The appellant was legally employed, as the responsibility to obtain a work permit lay with the respondent, and any delay or omission was attributable to the respondent, not the appellant. The purported extensions of the probation period were ou…

  • Employment Contracts
  • Wrongful Dismissal
  • Probation Periods
  • Work Permit Requirements
  • Damages Quantum
  • Contractual Estoppel
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Commercial And Corporate [1999] UGHC 53

National Social Security Fund v Bank of Baroda (U) Limited

National Social Security Fund v Bank of Baroda (U) Limited (CIVIL SUIT NO. 192 OF 1998) [1999] UGHC 53 (21 October 1999)

The court found that although the original plan was for the plaintiff to lend and the defendant to manage the loan, the defendant's insistence on its own terms resulted in the defendant becoming the lender and the plaintiff acting as guarantor by depositing shs. 60,000,000. The defendant assumed responsibility for documentation and management of the loan, including registration of securities. The court held that it was an express and implied term of the agreement that the defendant would manage the loan professionally and diligently. The defendant failed in this duty by disbursing the loan in…

  • Banking Liability
  • Loan Management
  • Professional Negligence
  • Security Documentation
  • Contractual Estoppel
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Alternative Dispute Resolution [1992] UGHC 28

National Insurance Corporation v Arconsults Architects (Arbitration Cause 4 of 1991)

National Insurance Corporation v Arconsults Architects (Arbitration Cause 4 of 1991) [1992] UGHC 28 (27 April 1992)

The court found that the arbitrator acted within his authority in considering both Fee Note 1 and Fee Note 1A, as the latter had been submitted before the arbitrator's appointment and formed part of the dispute. The applicant's conduct amounted to acceptance of the scale and mode of fees, waiving the need for formal written acceptance. The arbitrator did not exceed his mandate nor act outside the conditions of engagement for architects. The award of costs and arbitration fees was lawful under Rule 9 of the First Schedule to the Arbitration Act. No misconduct or improper procurement was establ…

  • Arbitration Award Challenge
  • Architects Fees Dispute
  • Contractual Estoppel
  • Scope Of Arbitrator Authority
  • Costs Of Arbitration
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