Uganda Case Law

Nabukenya Sarah and 6 others vs Sulaiman Mukasa and Sons Ltd and others

Nabukenya Sarah and 6 others vs Sulaiman Mukasa and Sons Ltd and others (Miscellaneous Application No. 193 of 2022) [2023] UGHCCD 8 (31 January 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 193 of 2022

Judge

Musa Ssekaana, J

The court held that the applicants, though beneficiaries of deceased shareholders, do not have a direct legal interest in the subject matter of the main suit, which is for recovery of company funds from a third party and not for distribution of those funds or determination of succession rights. The applicants' presence is not necessary for the effective and complete adjudication of the dispute between the company and the third party. The court emphasized that joinder of parties is discretionary and must be exercised to facilitate resolution of the actual controversy, not to address unrelated…

Source excerpt

• Joinder Of Parties
• Company Shares And Estates
• Deed Of Settlement
• Beneficiary Rights
• Corporate Governance

Peter Katutsi v Sulaiman Mukasa and Sons Limited and Anor

Peter Katutsi v Sulaiman Mukasa and Sons Limited and Anor (Civil Miscellaneous Application No. 268 of 2021) [2021] UGHCCD 28 (27 April 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Miscellaneous Application No. 268 of 2021

Judge

Musa Ssekaana, J

The court found that the applicant failed to demonstrate that the respondents are using the company shield to evade costs or that they are intentionally impecunious. The respondents are bona fide aggrieved parties seeking accountability for money received on their behalf by the applicant. The alleged lack of address or assets was not substantiated, and the applicant, having previously represented the respondents, was aware of their contact details. The court emphasized that ordering security for costs solely on the basis of alleged impecuniosity would unjustly bar access to justice. The appli…

Source excerpt

• Security For Costs
• Company Impecuniosity
• Access To Justice
• Deed Of Settlement
• Advocate Accountability

British American Tobacco Uganda Ltd v Muwema & 2 Ors

British American Tobacco Uganda Ltd v Muwema & 2 Ors (Civil Suit No. 751 of 2014) [2018] UGCommC 25 (3 September 2018)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 751 of 2014

The High Court rejected preliminary objections in a refund dispute over funds allegedly received by advocates, finding no res judicata or basis to stay the suit.

• Res Judicata
• Advocate Liability
• Deed Of Settlement
• Stay Of Proceedings
• Partnership Liability
• Res-judicata