Uganda Case Law

Liaison Financial Services Limited v SDS & Company Certified Public Accountants

Liaison Financial Services Limited v SDS & Company Certified Public Accountants (Miscellaneous Application 2160 of 2024) [2024] UGCommC 337 (15 November 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2160 of 2024

Judge

Tumusiime Rubagumya, J

The High Court dismissed an application for proof of debt, holding the claim was still under liquidation verification and the application was premature.

• Insolvency Proof Of Debt
• Liquidation Process
• Arbitration Clauses
• Creditor Claims
• Scheme Administration Fees
• Insolvency-proof-of-debt

In Re: Petition For Receiving Order by Uzairu Ahamed Magala (Debtor)

In Re: Petition For Receiving Order by Uzairu Ahamed Magala (Debtor) (Bankruptcy Petition No. 2 of 2016) [2017] UGCommC 57 (28 April 2017)

Court

Commercial Court of Uganda

Case number

Bankruptcy Petition No. 2 of 2016

The High Court found evidence that the debtor could not pay his debts, but declined to issue a receiving order because no statement of affairs had been filed with the Official Receiver.

• Bankruptcy Proceedings
• Debtor Inability To Pay
• Receiving Order Requirements
• Statement Of Affairs
• Creditor Claims
• Court Jurisdiction

Unidron Ltd & Ors v Attorney General

Unidron Ltd & Ors v Attorney General (Civil Suit No. 4 of 2007) [2016] UGCommC 202 (28 October 2016)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 4 of 2007

The court found that the plaintiffs were proved creditors of public enterprises liquidated under the PERD Statute. Although the statute did not expressly provide for government liability where liquidation proceeds were insufficient, the court relied on binding precedent (Specioza Kalungi & 62 Others v Attorney General) to hold that the Minister of Finance and the Divesture and Reform Implementation Committee have a statutory duty to seek budgetary support and pay such creditors. The Development Credit Agreement was deemed incorporated by reference, reinforcing the duty to pay. Ex gratia payme…

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• Public Enterprise Liquidation
• Creditor Claims
• Government Liability
• Statutory Duties
• Budgetary Support
• Interest Awards

In the matter of Venture Communications Uganda Limited (Company Cause 39 of 2011)

In the matter of Venture Communications Uganda Limited (Company Cause 39 of 2011) [2013] UGHCCD 869 (20 December 2013)

Court

HC: Civil Division (Uganda)

Case number

Company Cause 39 of 2011

Judge

Musoke, J

The High Court dismissed a winding-up petition by Venture Communications Uganda Limited, holding that disputed debts and fraud allegations required separate inquiry.

• Company Winding Up
• Insolvency
• Creditor Claims
• Corporate Liquidation
• Company-winding-up
• Disputed-debt

Attorney General v L. Indiron and Others

Attorney General v L. Indiron and Others (CIVIL APPEAL NO.4 OF 2009) [2009] UGCA 64 (1 October 2009)

Court

Court of Appeal of Uganda

Case number

CIVIL APPEAL NO.4 OF 2009

Judge

Byamugisha, JA, Twinomujuni, JA, Kavuma, JA

The Court of Appeal held that the question of whether the consolidated suits were time barred could not be determined as a pure point of law because it required ascertainment of facts, specifically regarding the completion of the divestiture process and compliance with Supreme Court orders in SCCA No. 43 of 1995. The court affirmed that under Section 41 of the PERD Act, government policy on divestiture prevails over other laws, including limitation statutes, to allow the policy to be operationalised. Therefore, limitation could only begin to run once the divestiture process was completed, whi…

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• Limitation Periods
• Preliminary Objection
• Public Enterprise Liquidation
• Creditor Claims

David Mpanga & Anor v Roliat Property Agency Ltd

David Mpanga & Anor v Roliat Property Agency Ltd (Civil Suit No. 7 of 1998) (Civil Suit No. 7 of 1998) [1999] UGHC 10 (3 February 1999)

Court

High Court of Uganda

Case number

Civil Suit No. 7 of 1998

The High Court upheld a receivership, found the debenture validly registered, rejected unproved fraud allegations, and ordered retraction of a newspaper notice.

• Receivership Management
• Debenture Registration
• Creditor Claims
• Company Law Procedure
• Company-law
• Receivership