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21 May 2021

Civil Procedure [2021] UGCommC 16

Krone Uganda Limited v Kerilee Investments Limited

Krone Uganda Limited v Kerilee Investments Limited (Civil Miscellaneous Application No. 306 of 2019) [2021] UGCommC 16 (21 May 2021)

Court: Commercial Court of Uganda
Case number: Civil Miscellaneous Application No. 306 of 2019
Judge: Boniface Wamala, J

The court found that the respondent company, though not registered in Uganda at the time of instituting the suit, was a duly incorporated entity in the United Kingdom and thus had legal personality and capacity to sue and be sued in Uganda. The applicant's argument that the suit was incompetent due to lack of registration was rejected, as registration under the Companies Act is only required for establishing a place of business, not for legal personality. The court further determined that the consent judgment was vitiated by collusion, as the applicant's director was induced to sign the conse…

Source excerpt

Setting Aside Consent Judgment
Collusion In Court Proceedings
Capacity To Sue
Foreign Company Registration
Misrepresentation
Court Policy

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12 Jan 2015

Commercial And Corporate [2015] UGCommC 5

Stream Aviation FZC v Attorney General

Stream Aviation FZC v Attorney General (Civil Suit No. 9 of 2010) [2015] UGCommC 5 (12 January 2015)

Court: Commercial Court of Uganda
Case number: Civil Suit No. 9 of 2010

The court found that the plaintiff, Stream Aviation FZC, failed to prove on a balance of probabilities that it entered into a legally enforceable contract with the Government of Uganda. The plaintiff did not provide sufficient documentary evidence of its legal existence as a foreign company authorized to do business in Uganda, nor did it produce a valid written contract or proof of performance such as flight plans or permits. The evidence showed that the Ministry of Defence contracted with Stream Aviation Limited, a Ugandan entity, and made payments accordingly. The plaintiff's witness was fo…