Uganda Case Law

Brood 2 B.V & 2 Others v Brood (U) Limited (Winding Up Cause 5 of 2023)

Brood 2 B.V & 2 Others v Brood (U) Limited (Winding Up Cause 5 of 2023) [2024] UGCommC 338 (13 November 2024)

Court

Commercial Court of Uganda

Case number

Winding Up Cause 5 of 2023

Judge

Harriet Grace Magala, J

The court found that while the Petitioners had established the Respondent's insolvency and complied with the statutory demand and timing requirements for filing the petition, they failed to comply with Regulation 89 of the Insolvency Regulations, which requires public notice of the petition within seven working days of filing. This procedural step is mandatory and serves to notify all stakeholders, ensure transparency, and allow creditors and other interested parties to participate in the winding up process. The omission of this step is not a mere technicality but a substantive defect that un…

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• Company Liquidation
• Insolvency Procedure
• Statutory Demand
• Creditor Rights

Vantage Mezzanine Fund 11 Partnership and Another v Simba Properties Investment Company Limited and Others

Vantage Mezzanine Fund 11 Partnership and Another v Simba Properties Investment Company Limited and Others (Miscellaneous Cause No. 91 of 2021) [2023] UGCommC 16 (29 March 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 91 of 2021

Judge

Abinyo, J

The Court found that the Applicants established a prima facie case with serious questions to be tried in arbitration regarding their rights under the Mezzanine Term Facility Agreement and the lawfulness of the Respondents' actions. The Applicants demonstrated risk of irreparable injury to their credit and security interests if the impugned transactions proceed, and the balance of convenience favored preserving the status quo. The Court held it has jurisdiction to grant interim measures under Section 6 of the Arbitration and Conciliation Act, and that the 1st Applicant's legal capacity is a tr…

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• Arbitration Interim Measures
• Injunctive Relief
• Creditor Rights
• Corporate Governance
• Contractual Obligations
• Partnership Legal Capacity

ZTE Corporation v Uganda Telecom Ltd (H.C.Miscellaneous Application No. 866 of 2020)

ZTE Corporation v Uganda Telecom Ltd (H.C.Miscellaneous Application No. 866 of 2020) [2021] UGCommC 111 (19 August 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 866 of 2020

Judge

Gaswaga, J

The High Court refused leave to continue a monetary claim against Uganda Telecom Ltd in administration, holding the applicant was bound by the statutory moratorium.

• Insolvency Proceedings
• Administration Deeds
• Leave To Continue Proceedings
• Creditor Rights
• Statutory Moratorium
• Insolvency-proceedings

Specioza Kalungi and Others v Attorney General

Specioza Kalungi and Others v Attorney General (Civil Appeal No. 76 of 2011) [2014] UGCA 145 (19 November 2014)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 76 of 2011

Judge

Byamugisha, JA, Kavuma, JA, Nshimye, JA

The Court of Appeal found that the appellants had a legitimate cause of action as proved creditors of Uganda Transport Company (1975) Ltd, which was liquidated under the PERD Act. The trial judge erred in relying on Priamit Enterprises and Mugenyi & Company Advocates, as the facts of those cases were distinguishable and did not address the statutory obligations under the PERD Act. The relevant provisions of the PERD Act impose a duty on the Minister of Finance to pay proved creditors from the Divestiture Account, and where funds are insufficient, the Minister must seek budgetary support to sa…

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• Divestiture Liabilities
• Creditor Rights
• Government Liability
• Liquidation Process

Paul Kasagga and Anor v Barclays Bank (U) Ltd (HCT-00-CC-MA 113 of 2008)

Paul Kasagga and Anor v Barclays Bank (U) Ltd (HCT-00-CC-MA 113 of 2008) [2008] UGCommC 42 (21 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 113 of 2008

The court dismissed an application for unconditional leave to defend, finding the guarantors had not shown a bona fide triable issue and that the guarantees remained effective.

• Summary Procedure
• Guarantee Liability
• Loan Restructuring
• Personal Guarantees
• Creditor Rights
• Triable Issue Standard

In Re: Rankconsult (U) Ltd (HCT-00-CC-MA 695 of 2005)

In Re: Rankconsult (U) Ltd (HCT-00-CC-MA 695 of 2005) [2005] UGCommC 61 (14 October 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 695 of 2005

The High Court refused URA’s request to appoint an interim liquidator for Rankconsult (U) Ltd, finding no sufficient showing of asset risk or public interest.

• Winding Up Petition
• Appointment Of Interim Liquidator
• Company Insolvency
• Creditor Rights
• Winding-up
• Interim-liquidator

Plexus Cotton Limited v Muddu Awulira Enterprises Limited

Plexus Cotton Limited v Muddu Awulira Enterprises Limited (Miscellaneous Application 287 of 2004) [2004] UGCommC 144 (21 May 2004)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 287 of 2004

Judge

Kiryabwire, J

The High Court dismissed an application to appoint a provisional liquidator, finding the applicant had not shown an unopposed prima facie winding-up case or imminent risk to assets.

• Company Winding Up
• Provisional Liquidator
• Creditor Rights
• Insolvency
• Arbitral Awards
• Asset Protection

Colonial Printing Works v Mrs. R.A. Main

Colonial Printing Works v Mrs. R.A. Main (Civil Appeal No. 3 of 1953) [1955] EACA 299 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No. 3 of 1953

Judge

Bourke J, Nihill P, Worley VP

The Court of Appeal held that a transferee of part of a business could be sued with the transferor for pre-transfer debts while notice remained incomplete.

• Business Transfer Liability
• Fraudulent Transfer
• Statutory Liability
• Creditor Rights
• Business-transfer-liability
• Fraudulent-transfer

In Re: Estate of Pushottam Somabhai Patel

In Re: Estate of Pushottam Somabhai Patel (Probate and Administration Cause No. 70 of 1937) [1940] EACA 49 (1 January 1940)

Court

East African Court of Appeal

Case number

Probate and Administration Cause No. 70 of 1937

Judge

Bartley J

The court granted assignment of an administration bond after finding a prima facie breach from failure to file accounts and account for assets.

• Administration Of Estates
• Assignment Of Administration Bond
• Failure To File Accounts
• Creditor Rights
• Court Discretion
• Probate-and-administration

Christie and Another v Official Receiver and Others (C.A. 11/1936.)

Christie and Another v Official Receiver and Others (C.A. 11/1936.) [1936] EACA 82 (1 January 1936)

Court

East African Court of Appeal

Case number

C.A. 11/1936.

Judge

Hall, C.J. (Uganda), Sheridan CJ, Webb, J

The Court of Appeal held that a solicitor could not obtain a charging order on a bankruptcy dividend for costs from earlier judgment proceedings.

• Bankruptcy Procedure
• Solicitor Lien
• Charging Orders
• Costs In Bankruptcy
• Creditor Rights
• Bankruptcy-procedure