Uganda Case Law

Namatovu v Kasasa and 2 Others

Namatovu v Kasasa and 2 Others (Miscellaneous Application No. 59 of 2021) [2021] UGHCCD 216 (3 December 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 59 of 2021

Judge

Katamba Nkwanga, J

The court found that the applicant did not voluntarily consent to the addition of another administrator, as evidenced by her objections during mediation and lack of agreement to the consent judgment. The applicant's protest and steps to avoid the consent demonstrated that her will was coerced, amounting to duress and undue influence. The consent judgment was therefore invalid as it was not entered into freely by all parties. The court emphasized the importance of family consensus and proper procedure in succession matters, particularly where the interests of children and beneficiaries are at…

Source excerpt

• Review Of Consent Judgment
• Duress And Undue Influence
• Letters Of Administration
• Succession And Estate Management

Planbuild Technical Services Limited v DFCU Bank Limited and Another (H.C.Miscellaneous Application No. 913 of 2018)

Planbuild Technical Services Limited v DFCU Bank Limited and Another (H.C.Miscellaneous Application No. 913 of 2018) [2021] UGCommC 40 (24 August 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 913 of 2018

Judge

Wangutusi, J

The court found that the applicant failed to prove any fraud, misrepresentation, duress, or undue influence in the signing of the consent judgment. The evidence showed that the applicant had access to all relevant bank statements and was fully aware of the financial position before entering into the consent. The alleged threats and pressure were found to be normal consequences of default under a loan agreement and did not amount to illegitimate pressure or duress. The receivership was terminated as per the consent judgment, and there was no evidence that the respondents continued to act as re…

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• Setting Aside Consent Judgment
• Fraud And Misrepresentation
• Duress And Undue Influence
• Bank Customer Relationship
• Receivership Termination

Vantage Mezzanine Fund II Partnership v Simba Properties Investments Co. Limited and Another (HC Miscellaneous Application No. 201 of 2020)

Vantage Mezzanine Fund II Partnership v Simba Properties Investments Co. Limited and Another (HC Miscellaneous Application No. 201 of 2020) [2021] UGCommC 23 (16 June 2021)

Court

Commercial Court of Uganda

Case number

HC Miscellaneous Application No. 201 of 2020

Judge

Boniface Wamala, J

The court found that the Mezzanine Term Facility Agreement contained a valid, binding, and enforceable arbitration clause. The respondents' allegations of duress and undue influence were unsupported by evidence, and the parties were sophisticated and independently advised. The Arbitration and Conciliation Act provides that the court's jurisdiction is limited to determining the existence and validity of the arbitration agreement; once established, all other matters, including challenges to the main contract, fall within the arbitral tribunal's jurisdiction. The court's intervention is expressl…

Source excerpt

• Arbitration Agreement Enforcement
• Stay Of Proceedings
• Contractual Dispute Resolution
• Jurisdiction Of Court
• Duress And Undue Influence
• Public Policy In Arbitration

Mwesige v Kimara (HC CA No. 049 of 2008)

Mwesige v Kimara (HC CA No. 049 of 2008) [2011] UGHC 191 (2 October 2011)

Court

High Court of Uganda

Case number

HC CA No. 049 of 2008

Judge

Chibita, J

The High Court allowed an appeal over alleged trespass and a disputed police agreement, holding the trees were on a road reserve and the agreement was signed under duress.

• Trespass To Land
• Road Reserves
• Duress And Undue Influence
• Damages Award
• Pleading And Proof Of Special Damages
• Trespass-to-land