Uganda Case Law

Blue Wave Beverages Limited & 2 Others v Kiiza (Receiver/ Manager) & Another

Blue Wave Beverages Limited & 2 Others v Kiiza (Receiver/ Manager) & Another (Miscellaneous Application 1785 of 2024) [2025] UGCommC 4 (14 January 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1785 of 2024

Judge

Stephen Mubiru, J

The High Court refused to review its earlier receivership order, holding that the complaints concerned the merits and were matters for appeal, not review.

• Review Of Court Orders
• Arbitration Clauses
• Receiver Appointment
• Debenture Enforcement
• Review-of-court-orders
• Arbitration-clauses

Blue Wave Beverages Limited & 2 Others v Kiiza & Another

Blue Wave Beverages Limited & 2 Others v Kiiza & Another (Civil Application 1308 of 2023) [2024] UGCA 202 (30 July 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 1308 of 2023

Judge

Kibeedi Mutangula, JA

Court of Appeal of Uganda dismissed an application for stay of execution pending appeal, finding no irreparable harm, no strong likelihood of success, and no balance of convenience in the applicants’ favour.

• Stay Of Execution
• Receivership
• Foreclosure
• Debenture Enforcement
• Arbitration Clauses
• Right To Legal Representation

Tabaro & Another v Mohammed & 2 Others

Tabaro & Another v Mohammed & 2 Others (Miscellaneous Cause 34 of 2020) [2024] UGCommC 155 (22 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 34 of 2020

Judge

Ocaya, J

The High Court ordered company directors to provide receivership documents and information, holding that the receiver had standing and had been obstructed.

• Receivership Procedure
• Debenture Enforcement
• Corporate Borrowing
• Locus Standi
• Company Documents Access
• Receivership-procedure

In Re: Application by Michael Ndichu Mburu (Receiver/Manager of Mandeeq Africa Ltd) (In Receivership)

In Re: Application by Michael Ndichu Mburu (Receiver/Manager of Mandeeq Africa Ltd) (In Receivership) (Miscellaneous Cause No. 9 of 2008) [2008] UGCommC 70 (10 August 2008)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 9 of 2008

The court granted leave to register a Kenyan judgment in Uganda under the Foreign Judgments (Reciprocal Enforcement) Act, finding the application complied with the statutory requirements.

• Foreign Judgment Enforcement
• Receivership
• Debenture Enforcement
• Cross Border Asset Recovery
• Foreign-judgment-enforcement
• Cross-border-enforcement

Bank of Baroda (U) Ltd-v- Mpungu & Sons Transporters Ltd (HCT-00-CC-CS 921 of 1997)

Bank of Baroda (U) Ltd-v- Mpungu & Sons Transporters Ltd (HCT-00-CC-CS 921 of 1997) [2007] UGCommC 16 (19 February 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 921 of 1997

The High Court found the defendants liable for an outstanding bank loan, upheld sale of the charged bus, and dismissed the counterclaim.

• Loan Default
• Guarantees And Sureties
• Debenture Enforcement
• Secured Transactions
• Interest Awards
• Bank-loan-recovery

In Re: Winding Up Muddu Awulira Enterprises Ltd (Company Cause No. 14 of 2004)

In Re: Winding Up Muddu Awulira Enterprises Ltd (Company Cause No. 14 of 2004) [2004] UGCommC 19 (13 July 2004)

Court

Commercial Court of Uganda

Case number

Company Cause No. 14 of 2004

The court held that a receiver appointed after winding-up commenced could not take possession of company assets without leave, and appointed the Official Receiver as provisional liquidator.

• Winding Up
• Receivership
• Debenture Enforcement
• Company Liquidation
• Winding-up
• Debenture-enforcement

General Parts Uganda Limited v Non Performing Assets Recovering Trust

General Parts Uganda Limited v Non Performing Assets Recovering Trust (Civil Appeal 20 of 1998) [1999] UGCA 37 (14 May 1999)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 20 of 1998

Judge

Okello, JA, Engau, JA, Twinomujuni, JA

The Court of Appeal held that the rescheduling letter was the binding agreement, no further funding was promised, and the receiver was properly appointed.

• Loan Rescheduling
• Debenture Enforcement
• Receiver Appointment
• Mortgage Validity
• Contract Formation
• Default And Demand

AK detergents Ltd v M Combined Ltd

AK detergents Ltd v M Combined Ltd (Civil Appeal 17 of 1998) [1998] UGCA 51 (15 September 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 17 of 1998

Judge

Manyindo, DCJ, Okello, JA, Twinomujuni, JA

The Court of Appeal held that the debentures executed by the respondent in favour of the second and fifth appellants, though not registered at the Lands Registry, were registered at the Companies Registry and thereby created legal mortgages. The receivers/managers were validly appointed under these debentures and had the authority, as agents and attorneys of the respondent, to sell and transfer the charged immovable property, including the suit lands, without the need for a separate power of attorney or court order. The court found that the trial judge erred in holding that only equitable cha…

Source excerpt

• Debenture Enforcement
• Receivership Powers
• Registration Of Titles
• Fraud In Land Transactions
• Bona Fide Purchaser
• Burden Of Proof

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited (Civil Appeal 17 of 1998) [1998] UGCA 48 (15 September 1998)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 17 of 1998

Judge

Manyindo, DCJ, Okello, JA, Twinomujuni, JA

The Court of Appeal held that the debentures executed by the respondent in favour of the second and fifth appellants, though not registered at the Lands Registry, were registered at the Companies Registry and thus created legal mortgages over all the respondent's immovable assets, including the suit lands. The debentures expressly empowered the receivers/managers to act as attorneys of the respondent for the purpose of selling and transferring the charged property. The court found that the trial judge erred in holding that the debentures only created equitable charges and that a separate powe…

Source excerpt

• Debenture Enforcement
• Receivership Powers
• Registration Of Titles
• Fraud In Land Transfer
• Mortgage Law
• Bona Fide Purchaser

Grindlays Bank Uganda Limited v Uganda Bottlers Limited

Grindlays Bank Uganda Limited v Uganda Bottlers Limited (Civil Appeal 29 of 1995) [1996] UGSC 32 (17 May 1996)

Court

Supreme Court of Uganda

Case number

Civil Appeal 29 of 1995

Judge

Manyindo, DCJ, Odoki, JSC, Oder, JSC

The Supreme Court found that the receivers were validly appointed under the debenture, as the evidence showed written appointments and compliance with the debenture's terms. The action by Uganda Bottlers Ltd was time-barred, being based on breach of contract, and not for recovery of land. The respondent was estopped from challenging the receivership due to its conduct and participation in the appointment and handover of assets. The sale and transfer of the property to Kampala Bottlers Ltd was valid, and no fraud was established. The registration of title by Kampala Bottlers Ltd was unimpeacha…

Source excerpt

• Receivership Appointment
• Debenture Enforcement
• Fraudulent Transfer
• Limitation Periods
• Registration Of Titles
• Agency Liability