Uganda Case Law

M/S Semuyaba, Iga & Co. Advocates and Another v The Attorney General of The Republic of South Sudan and Others

M/S Semuyaba, Iga & Co. Advocates and Another v The Attorney General of The Republic of South Sudan and Others (Miscellaneous Application No. 4 of 2022) [2023] UGCommC 3 (6 January 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 4 of 2022

Judge

Stephen Mubiru, J

The High Court dismissed an enforcement application arising from an EACJ decree, holding that service on the first garnishee was ineffective and jurisdiction was lacking.

• Enforcement Of Foreign Judgments
• Garnishee Proceedings
• Jurisdictional Immunity
• Service Of Process
• Discovery In Aid Of Execution
• Enforcement-of-foreign-judgments

Al-Shafi Investment group LLC v Ahmed Darwish & Anor

Al-Shafi Investment group LLC v Ahmed Darwish & Anor (MISCELLANEOUS APPLICATION NO. 901 OF 2017) [2017] UGHCCD 205 (13 July 2017)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS APPLICATION NO. 901 OF 2017

Judge

Bashaija, J

The High Court reviewed its earlier judgment after finding an error on the face of the record about the existence of an Abu Dhabi criminal conviction.

• Review Of Judgment
• Error Apparent On Face Of Record
• Foreign Judgments
• Bounced Cheques
• Bills Of Exchange
• Enforcement Of Foreign Judgments

Capitao v Tanzania (Communication 53 of 1991)

Capitao v Tanzania (Communication 53 of 1991) [1995] ACHPR 2 (22 March 1995)

Court

African Commission on Human and Peoples Rights

Case number

Communication 53 of 1991

The African Commission held the communication inadmissible for failure to exhaust local remedies, finding no sufficient proof that remedies were unavailable, ineffective, or unreasonably prolonged.

• Diplomatic Immunity
• Exhaustion Of Local Remedies
• Enforcement Of Foreign Judgments
• Exhaustion-of-local-remedies
• Foreign-judgment-enforcement
• Diplomatic-immunity

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel (Civil Application No. 8 of 1986) [1986] UGCA 21 (7 November 1986)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 8 of 1986

The Court of Appeal of Uganda refused leave to adduce additional evidence, holding that the applicant had not shown due diligence or unavailability of the evidence.

• Additional Evidence On Appeal
• Diligence Requirement
• Forum Non Conveniens
• Enforcement Of Foreign Judgments
• Additional-evidence-on-appeal
• Due-diligence

African Mercantile Co. Ltd v Patel

African Mercantile Co. Ltd v Patel (Civil Appeal No. 14 of 1927) [1927] EACA 14 (1 January 1927)

Court

East African Court of Appeal

Case number

Civil Appeal No. 14 of 1927

Judge

Stephens, J

The Kenyan court has jurisdiction to entertain the suit against the absent defendant residing in Uganda because the contract was made in Kenya and the cause of action arose there. Section 17 of the Civil Procedure Code permits such suits provided the defendant is duly served. The defendant did not give written notice under Section 20 to stay proceedings, and thus is deemed to have acquiesced. The Judgment Extension Ordinance of Uganda facilitates enforcement of decrees but does not confer jurisdiction. International law principles do not override the statutory provisions applicable in this co…

Source excerpt

• Jurisdiction Of Courts
• Service Of Process
• Enforcement Of Foreign Judgments
• Forum Selection
• Contractual Disputes

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel

American Express International Banking Corporation Vs Atulkumar Sumant Bhai Patel (Civil Application No. 8 of 1986) [1986] UGCA 11 (7 November 1986)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 8 of 1986

The application for leave to adduce additional evidence was refused because the applicant failed to demonstrate that the evidence sought was unavailable at the time of trial or could not have been obtained with reasonable diligence. The matters raised in the proposed affidavit by Dennis Singham were procedural and jurisdictional issues that were within the knowledge of the applicant and its counsel during the original proceedings. The absence of reciprocal enforcement between Uganda and Singapore and the lack of known assets in Singapore were not new facts. The applicant did not show due dili…

Source excerpt

• Additional Evidence On Appeal
• Diligence In Evidence Production
• Forum Conveniens
• Enforcement Of Foreign Judgments