Uganda Case Law

Jaspar Phaguda v Kwizera

Jaspar Phaguda v Kwizera (Civil Suit No. 392 of 2014) [2021] UGHCCD 72 (7 July 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 392 of 2014

Judge

Musa Ssekaana, J

The court found that a valid contract existed between the plaintiff and defendant, evidenced by the signed agreement and the issuance of cheques for the outstanding balance. The defendant's argument that the agreement was not enforceable was rejected, as he had relied on it for his own counterclaim. The defendant's issuance of dishonoured cheques constituted breach of contract, and the plaintiff was entitled to recover the sum of USD 124,143. The defendant failed to prove his counterclaim for unjust enrichment, as no evidence was adduced to show payment in excess of what was owed. The court a…

Source excerpt

• Breach Of Contract
• Dishonoured Cheques
• Unjust Enrichment
• Money Had And Received
• Contractual Remedies

Javelin Ltd v Zimba Logistics and Hardware Ltd and Anor

Javelin Ltd v Zimba Logistics and Hardware Ltd and Anor (Civil Suit No. 865 of 2020) [2021] UGCommC 94 (22 March 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 865 of 2020

Judge

Gaswaga, J

The High Court entered judgment for Javelin Limited for UGX 270,272,100, with 24% annual interest and costs, after finding the debt was proved and undefended.

• Credit Supply Arrangement
• Debt Recovery
• Dishonoured Cheques
• Commercial-debt-recovery
• Credit-supply-agreement
• Dishonoured-cheques

B.D.S.Ltd v Imad F. Shteiwi (High Court Miscellaneous Application No. 505 of 2008)

B.D.S.Ltd v Imad F. Shteiwi (High Court Miscellaneous Application No. 505 of 2008) [2008] UGCommC 51 (20 October 2008)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 505 of 2008

The High Court of Uganda granted conditional leave to defend, requiring B.D.S Limited to deposit USD 55,000 in court within 14 days or face revival of the decree.

• Setting Aside Ex Parte Decree
• Stay Of Execution
• Dishonoured Cheques
• Leave To Defend
• Setting-aside-ex-parte-decree
• Stay-of-execution

Midland Emporium Ltd v Woddamba (HCT-04-CV-CS-0035 OF 2000)

Midland Emporium Ltd v Woddamba (HCT-04-CV-CS-0035 OF 2000) [2005] UGHCCD 26 (6 June 2005)

Court

HC: Civil Division (Uganda)

Case number

HCT-04-CV-CS-0035 OF 2000

Judge

Rugadya, J

The High Court held that the defendant received goods, issued cheques for payment, and failed to prove payment. Judgment was entered for the plaintiff with interest and costs.

• Bills Of Exchange
• Dishonoured Cheques
• Commercial Transactions
• Burden Of Proof
• Interest Awards
• Dishonoured-cheques

Crane Bank Ltd v Mrs. Anke Alemoyehu, Rainbow Intern.School (H.C.C.S NO. 927 OF 1999 ) (H.C.C.S NO. 927 of 1999)

Crane Bank Ltd v Mrs. Anke Alemoyehu, Rainbow Intern.School (H.C.C.S NO. 927 OF 1999 ) (H.C.C.S NO. 927 of 1999) [2003] UGHC 76 (23 April 2003)

Court

High Court of Uganda

Case number

H.C.C.S NO. 927 of 1999

The High Court held that both the drawer and the school account holder were liable on dishonoured cheques and awarded Crane Bank USD 23,159, interest, and costs.

• Dishonoured Cheques
• Negotiable Instruments Liability
• Consideration In Contracts
• Joint And Several Liability
• Dishonoured-cheques
• Negotiable-instruments

Hot Loaf Bakery Ltd v Semwanga t/a Abbey Semwanga & Sons

Hot Loaf Bakery Ltd v Semwanga t/a Abbey Semwanga & Sons (Civil Suit No. 112 of 1999) [2001] UGHC 121 (5 July 2001)

Court

High Court of Uganda

Case number

Civil Suit No. 112 of 1999

Judge

C A Okello, J

The High Court found the defendant liable for unpaid bread supplied on credit and entered judgment for the plaintiff for Shs. 20,739,300 plus bank-rate interest.

• Dishonoured Cheques
• Credit Arrangements
• Proof Of Payment
• Fraud Pleading Requirements
• Interest On Debt
• Dishonoured-cheques