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Uganda decisions
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Nalubega Ruth v Cairo Bank (U) Limited (Miscellaneous Application No. 1142 of 2024) [2025] UGCommC 118 (5 June 2025)
The High Court refused to set aside a consent judgment in a bank loan dispute, finding no fraud, misrepresentation, or other basis to disturb the agreement.
Abacus Parenteral Drugs Limited v Stanbic Bank (U) Limited (Civil Suit 322 of 2022) [2025] UGCommC 58 (9 April 2025)
The court found the bank breached its online-banking contract, but held the plaintiff 80% contributorily negligent for weak internal controls. The plaintiff recovered UGX 339,556,644.
Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022) [2025] UGHC 69 (20 February 2025)
The High Court found that the trial Magistrate erred in striking out the Appellant's affidavit in reply, as a principal officer with knowledge of the facts may depone such an affidavit. The Respondent's application, though lacking reference to the Mortgage Act, was not defective as it was properly brought under Section 98 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules, and no injustice was occasioned. Critically, the court distinguished between an informal mortgage on customary land and an informal equitable mortgage based on unregistered interest in land, holding that t…
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Ssempijja vs D-Light Design Limited (Labour Dispute Reference 350 of 2019) [2025] UGIC 10 (27 January 2025)
The court found that the Respondent failed to provide evidence of the alleged fundamental breach by the Claimant and did not accord him a fair hearing prior to dismissal. Both substantive and procedural requirements for lawful termination under Ugandan law were not met. The Respondent's reliance on the sensitivity of the case did not justify bypassing the right to be heard, and no proof was adduced regarding the confidential information or the third parties involved. Consequently, the summary dismissal was both substantively and procedurally unlawful. The Claimant was entitled to remedies, in…
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Cargo Solutions Limited v Kyabaggu (Civil Appeal 34 of 2023) [2024] UGCommC 361 (8 November 2024)
The High Court found that the trial magistrate erred in relying on a WhatsApp conversation (PIDI) that was only marked for identification and not admitted as evidence. However, this error did not result in a miscarriage of justice because, even without PIDI, the admitted documents (PEXH1, PEXH2, PEXH3) and the testimonies established that the appellant breached its contractual duty by failing to communicate the arrival and subsequent auctioning of the respondent's goods. The evidence showed that the appellant accepted part payment, shipped the goods, and failed to notify the respondent when t…
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Biryomunmaisho and Another v Centenary Rural Development Bank Limited (Miscellaneous Application 131 of 2023) [2024] UGHC 536 (19 June 2024)
The High Court refused unconditional leave to defend, holding that the applicants, as guarantors of a loan to Okello Julius, raised no bona fide triable issue.
Housing Finance Bank Limited v Gurindwa & Another (Civil Suit 634 of 2021) [2024] UGCommC 194 (12 June 2024)
The court found that the 1st Defendant was in default of his loan obligations, as evidenced by the last payment made in September 2016 and the outstanding balance of UGX. 241,593,522. The Plaintiff failed to prove fraud against either Defendant, as there was insufficient evidence that the 2nd Defendant knowingly presented a false signature or refused to rectify the discrepancy with fraudulent intent, and no evidence that the 1st Defendant acted dishonestly. The consent judgment relied upon by the 1st Defendant did not include a term waiving interest, and the court held that only the formally…
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Housing Finance Bank Limited v Gurindwa & Another (Civil Suit 634 of 2021) [2024] UGCommC 193 (12 June 2024)
The High Court held the 1st defendant in default of a bank loan, rejected fraud allegations against both defendants, and awarded the bank recovery, damages, and costs.
Standard Chartered Bank Uganda Limited v Lawoko (Miscellaneous Cause 8 of 2023) [2024] UGCommC 79 (31 January 2024)
The respondent defaulted on his loan repayment obligations under the credit facility secured by a mortgage, despite repeated notices and opportunities to cure the default. The respondent failed to regularize his payments and denied the applicant access to the mortgaged property, impeding the applicant's rights as a mortgagee. Although the respondent filed his affidavit in reply late, the Court exercised its discretion to validate the filing in the interests of substantive justice. The respondent's financial constraints due to the COVID-19 pandemic did not excuse his unilateral modification of…
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Ataco Freight Services Limited v Stanbic Bank (U) Limited (Civil Suit 471 of 2017) [2024] UGCommC 147 (16 January 2024)
The court found that the transaction between the parties was a finance lease facility, as evidenced by the written agreements and supporting documents. The Plaintiff selected the supplier and assets, executed the sale agreement, and accepted the lease terms. The court held that no evidence supported the Plaintiff's claim of a binding Buy-Back Agreement or advisory role by the Defendant beyond financing. Oral negotiations or assurances could not vary the written contract in the absence of fraud, misrepresentation, or other vitiating factors, none of which were pleaded or proven. The Plaintiff…
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