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Commercial And Corporate [2019] UGCA 2087

Barclays Bank of Uganda Ltd Vs Gamuli Tukahirwa

Barclays Bank of Uganda Ltd Vs Gamuli Tukahirwa (Civil Appeal 88 of 2016) [2019] UGCA 2087 (18 January 2019)

Court
Court of Appeal of Uganda
Case number
Civil Appeal 88 of 2016
Judge
Owiny-Dollo, DCJ, Kakuru, JA, Kasule, Ag. JA

The Court of Appeal held that the High Court erred in law by increasing the award of general damages from UGX 5,000,000 to UGX 60,000,000 without a cross-appeal or hearing the parties, and beyond the pecuniary jurisdiction of the trial Magistrate's Court. The appellate judge acted without jurisdiction and in contravention of fair hearing principles. The award of interest at 25% and 32% was also set aside, as the trial Magistrate had properly awarded interest at 35% per annum on both principal and general damages, justified by the respondent's commercial loan rate. On liability, both the trial…

Source excerpt

  • Banker Customer Relationship
  • Negligence Of Bank
  • Forged Cheque Liability
  • Pecuniary Jurisdiction
  • Interest Awards
  • Damages Quantum
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Commercial And Corporate [2018] UGSC 19

Galleria in Africa Limited v Uganda Electricity Distribution Company Limited

Galleria in Africa Limited v Uganda Electricity Distribution Company Limited (Civil Appeal 8 of 2017) [2018] UGSC 19 (26 April 2018)

Court
Supreme Court of Uganda
Case number
Civil Appeal 8 of 2017
Judge
Mwondha, JSC, Arach-Amoko, JSC, Mwangusya, JSC, Opio-Aweri, JSC, Tibatemwa-Ekirikubinza, JSC

The Supreme Court held that under the Public Procurement and Disposal of Public Assets Act, a contract between a procuring entity and a provider is only formed upon strict compliance with statutory procedures, including the execution of a formal written contract after all conditions are satisfied. The letter of bid acceptance, even if unequivocal, does not itself create a binding contract unless followed by the signing of a formal contract document as required by section 76(3) of the PPDA Act. The Court found that the conditions precedent to contract formation were not met, as there was no ev…

Source excerpt

  • Public Procurement
  • Contract Formation
  • Breach Of Contract
  • Damages Quantum
  • Statutory Compliance
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Employment And Labour [2004] UGSC 43

Bholm v Car& and General Ltd

Bholm v Car& and General Ltd (Civil Appeal 12 of 2002) [2004] UGSC 43 (16 January 2004)

Court
Supreme Court of Uganda
Case number
Civil Appeal 12 of 2002
Judge
Odoki, CJ, Oder, JSC, Tsekooko, JSC, Mulenga, JSC, Kanyeihamba, JSC

The Supreme Court found that a valid written contract of employment existed between the appellant and the respondent, evidenced by documentary and conduct-based admissions, and that the respondent's subsequent denial was not credible. The respondent, having acted as employer and fulfilled contractual obligations, was estopped from denying the contract. The appellant was legally employed, as the responsibility to obtain a work permit lay with the respondent, and any delay or omission was attributable to the respondent, not the appellant. The purported extensions of the probation period were ou…

Source excerpt

  • Employment Contracts
  • Wrongful Dismissal
  • Probation Periods
  • Work Permit Requirements
  • Damages Quantum
  • Contractual Estoppel
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.