Uganda Case Law

Libyan Arab Foreign Investiments Company (LAFICO) v Southern Investiments Limited

Libyan Arab Foreign Investiments Company (LAFICO) v Southern Investiments Limited (Civil Appeal No. 198 of 2014) [2022] UGCA 259 (18 October 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 198 of 2014

Judge

Madrama, JA, Mulyagonja, JA, Barishaki, JA

The Court of Appeal held that the respondent's cause of action accrued upon the final payment by the Government of Uganda in July 2009, making the suit filed in 2011 within the statutory limitation period for contractual claims. The appellant's failure to apply for stay and referral to arbitration at the appropriate stage meant the trial court was correct to proceed with the suit. The agreement to accept USD 2,560,628 as full and final settlement was binding on the respondent under the doctrine of promissory estoppel, as the respondent acted on the promise. However, the appellant failed to pr…

Source excerpt

• Commission Agreements
• Contractual Limitation Periods
• Arbitration Clauses
• Promissory Estoppel
• Agency And Principal Liability

Libyan Arab Foreign Investment Co (LAFICO) v Southern Investments Limited

Libyan Arab Foreign Investment Co (LAFICO) v Southern Investments Limited (Civil Appeal No. 198 of 2014) [2022] UGCA 366 (18 October 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 198 of 2014

Judge

Cheborion-Barishaki, JA, Madrama, JA, Mulyagonja, JA

The Court of Appeal held that the respondent's suit was not time barred, as the cause of action accrued on 31st July 2009 when the last payment was made by the Government of Uganda, and the suit filed in 2011 was within the six-year limitation period for contract claims. The appellant's request for referral to arbitration was rejected because no timely application for stay was made; raising the issue only in final submissions was insufficient. On the substantive claim, the court found that the parties entered a subsequent agreement in January 2006, under which the respondent accepted USD 2,56…

Source excerpt

• Commission Agreements
• Contractual Limitation Periods
• Arbitration Clauses
• Agency And Principal Liability
• Promissory Estoppel

Uganda Ecumenical Church Loan Fund Ltd v Nankabirwa Harriet (HCT-00-CC-CS 307 of 2002)

Uganda Ecumenical Church Loan Fund Ltd v Nankabirwa Harriet (HCT-00-CC-CS 307 of 2002) [2006] UGCommC 50 (27 November 2006)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 307 of 2002

The High Court held the money-lender’s suit was time-barred and dismissed it, finding no valid mortgage exemption under the statute.

• Money Lending
• Contractual Limitation Periods
• Mortgage And Security Interests
• Guarantees And Pledges
• Money-lending
• Limitation-periods

Municipal Board of Mombasa v Ogilvie

Municipal Board of Mombasa v Ogilvie (Civil Appeal No. 59 of 1955) [1950] EACA 117 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 59 of 1955

Judge

Bacon, JA, Briggs, JA, Worley, P

The Court of Appeal held that the repair claim was time-barred because the injury occurred when the building work was completed. General damages were also unavailable on the pleadings.

• Contractual Limitation Periods
• Architect Liability
• Pleading Requirements
• Special And General Damages
• Contract-law
• Limitation