Uganda Case Law

Civtec Africa Limited v Mantrac Uganda Limited

Civtec Africa Limited v Mantrac Uganda Limited (Miscellaneous Cause 154 of 2023) [2024] UGHCCD 63 (3 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 154 of 2023

Judge

Boniface Wamala, J

The court found that the debt claimed by the Respondent was substantially disputed, as the computation of the outstanding sum was done unilaterally without the Applicant's participation, making the debt unascertained. The Applicant also raised a counter claim that required investigation in a separate civil suit. No evidence was presented to show that the Applicant was undergoing financial distress or was unable to pay its debts; the dispute was over the amount owed, not the ability to pay. The court emphasized that insolvency proceedings should not be used as a debt collection tool for disput…

Source excerpt

• Statutory Demand
• Insolvency Proceedings
• Debt Dispute
• Counter Claim
• Bad Faith In Debt Collection

St. Stephen Nursery Day and Boarding Primary School v Nakayima and 3 Others

St. Stephen Nursery Day and Boarding Primary School v Nakayima and 3 Others (Miscellaneous Application 1243 of 2022) [2022] UGHCLD 261 (31 October 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 1243 of 2022

Judge

Asiimwe, J

The High Court granted leave to amend a written statement of defence and counterclaim, finding the proposed amendment necessary to determine the real issues and unlikely to prejudice the respondent.

• Amendment Of Pleadings
• Leave To Amend
• Multiplicity Of Suits
• Written Statement Of Defence
• Counter Claim
• Fraud In Land Disputes

JBL Business Bureau Ltd v Uganda Electricity Distribution Company Ltd (HCT-00-CC-CS 149 of 2004)

JBL Business Bureau Ltd v Uganda Electricity Distribution Company Ltd (HCT-00-CC-CS 149 of 2004) [2008] UGCommC 19 (20 February 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 149 of 2004

The court dismissed a supplier’s contract claim over bolts and nuts, finding the goods were defective and properly rejected. The buyer’s fraud-based counter-claim also failed.

• Breach Of Contract
• Sale Of Goods
• Contractual Terms
• Counter Claim
• Evidence Evaluation
• Breach-of-contract

Photo Focus (U) Ltd v Group Four Security Ltd

Photo Focus (U) Ltd v Group Four Security Ltd (CIVIL APPEAL NO. 30 OF 2000) [2000] UGCA 48 (27 October 2000)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO. 30 OF 2000

Judge

Okello, JA, Engwau, JA, Kitumba, JA

The Court of Appeal held that a clear denial of indebtedness can raise a triable issue in summary procedure, allowing the appeal by majority.

• Summary Procedure
• Leave To Defend
• Triable Issue
• Particularity Of Defence
• Counter Claim
• Burden Of Proof