Uganda Case Law

Waatunga v Finca Uganda Limited

Waatunga v Finca Uganda Limited (Civil Miscellaneous Application 4 of 2024) [2025] UGHC 314 (21 May 2025)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application 4 of 2024

Judge

Karoli Lwanga Ssemogerere, J

The application to set aside the arbitral award fails because none of the grounds advanced by the applicant meet the statutory requirements under Section 34 of the Arbitration and Conciliation Act. The allegation of arbitrator bias was unsupported by evidence and did not meet the objective test for impartiality. The claim that the award was against public policy was not substantiated by reference to any specific statutory provision or public policy principle. The delay in delivering the award was permissible under Section 31(1) of the Act, as the arbitrator had discretion to enlarge time, and…

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• Setting Aside Arbitral Award
• Arbitrator Impartiality
• Public Policy In Arbitration
• Contractual Interest Rates
• Arbitration Timeliness

Nakamya v Kinyera

Nakamya v Kinyera (Miscellaneous Application 538 of 2024) [2024] UGCommC 167 (31 May 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 538 of 2024

Judge

Mutesi, J

The High Court set aside a default judgment and allowed the applicant to defend a commercial debt claim, finding the contractual 10% daily default interest potentially harsh and unconscionable.

• Setting Aside Default Judgment
• Summary Suits
• Contractual Interest Rates
• Unconscionable Contract Terms
• Setting-aside-default-judgment
• Summary-suits

Eden International School Ltd v East African Development Bank Ltd (HCCS 271 of 2015)

Eden International School Ltd v East African Development Bank Ltd (HCCS 271 of 2015) [2017] UGCommC 81 (7 February 2017)

Court

Commercial Court of Uganda

Case number

HCCS 271 of 2015

The court found that the Defendant breached the loan agreement by charging interest rates above the agreed rates without notifying the Plaintiff, as required by the contract and financial consumer protection guidelines. The operative interest rate was 12.16% (and 12.82% after rescheduling), and any increase was unenforceable without written notification. The penalty interest of 0.5% per month was not unconscionable given the circumstances and was agreed upon by the parties. The Plaintiff was entitled to a refund of overpaid sums, general damages for inconvenience, and release of its land titl…

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• Loan Agreements
• Contractual Interest Rates
• Bank Customer Disputes
• Liquidated Damages
• Financial Consumer Protection
• Remedies For Breach

Formula Feeds Limited and Another v KCB Bank Uganda Limited (HCT-00-CC-CS 289 of 2014)

Formula Feeds Limited and Another v KCB Bank Uganda Limited (HCT-00-CC-CS 289 of 2014) [2016] UGCommC 288 (10 February 2016)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 289 of 2014

Judge

Wangutusi, J

The High Court held the mortgage over mailo land by non-citizen plaintiffs was a nullity, but upheld the bank’s claim for the outstanding loan balance.

• Credit Facility Breach
• Mortgage Nullity
• Personal Guarantees Enforceability
• Foreign Ownership Restrictions
• Contractual Interest Rates
• Debenture Legality