Uganda Case Law

Brianna v Mugisha

Brianna v Mugisha (Miscellaneous Cause 98 of 2024) [2025] UGHCFD 9 (17 March 2025)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Cause 98 of 2024

Judge

Nagawa, J

The court found that although no ministerial order extends the Foreign Judgments (Reciprocal Enforcement) Act to the United States, Ugandan courts may enforce U.S. judgments under common law principles of obligation, reciprocity, and comity. The Texas court had competent jurisdiction, the Respondent was properly served and given an opportunity to participate, and there was no evidence of fraud or procedural unfairness. The orders sought to be registered are final and conclusive regarding custody and child support. The Lis pendens rule does not bar recognition of the foreign judgment, as it ap…

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• Foreign Judgment Enforcement
• Child Custody
• Parent Child Relationship
• Reciprocal Enforcement
• Comity Principle

Shrikesh v Elesh

Shrikesh v Elesh (Miscellaneous Application 121 of 2022) [2024] UGHCFD 65 (9 September 2024)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 121 of 2022

Judge

Echookit, J

The High Court of Uganda held it lacked original jurisdiction over a succession dispute already decided in Kenya and dismissed the suit, with no order as to costs.

• Jurisdiction Of High Court
• Foreign Judgment Enforcement
• Succession Disputes
• Limitation Of Actions
• Jurisdiction
• Foreign-judgment-enforcement

Nyambura & Another v Three Way Shipping Group Limited

Nyambura & Another v Three Way Shipping Group Limited (Miscellaneous Cause 120 of 2023) [2024] UGHCCD 143 (6 September 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 120 of 2023

Judge

Musa Ssekaana, J

The High Court of Uganda registered a Kenyan magistrates’ court judgment under the Foreign Judgments (Reciprocal Enforcement) Act and ordered it executable in Uganda.

• Foreign Judgment Enforcement
• Reciprocal Enforcement
• Registration Of Foreign Judgments
• Judgment Creditor Rights
• Foreign-judgment-enforcement
• Reciprocal-enforcement

Volcano Holdings Ltd v All Africa Logistics Solutions Ltd (Misc Cause No. 230 of 2021)

Volcano Holdings Ltd v All Africa Logistics Solutions Ltd (Misc Cause No. 230 of 2021) [2022] UGHCCD 112 (27 July 2022)

Court

HC: Civil Division (Uganda)

Case number

Misc Cause No. 230 of 2021

Judge

Musa Ssekaana, J

The High Court of Uganda registered and ordered execution of a Mombasa judgment for US$93,728 plus costs, finding the foreign decree enforceable under Ugandan reciprocity law.

• Foreign Judgment Enforcement
• Reciprocal Enforcement
• Registration Of Foreign Decree
• Cross Border Contracts
• Foreign-judgment-enforcement
• Reciprocal-enforcement

Christoper Sales and Another v Secretary to the Treasury and Another

Christoper Sales and Another v Secretary to the Treasury and Another (Miscellaneous Cause No. 323 of 2020) [2021] UGHCCD 161 (10 November 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 323 of 2020

Judge

Nambayo, J

The Applicants demonstrated a clear legal right to payment under a judgment and decree of the High Court of Uganda, supported by a Certificate of Order against Government. The Respondents' appeal was struck out, and no stay of execution has been obtained. The subsequent application for review is not a bar to enforcement, as it does not suspend the obligation to pay. The Respondents' failure to satisfy the judgment debt for over 29 years, despite repeated demands and absence of any valid legal defence or pending appeal, justifies the issuance of a writ of mandamus. The court finds that the sta…

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• Mandamus
• Enforcement Of Judgments
• Government Liability
• Foreign Judgment Enforcement

Likhari v Attorney General

Likhari v Attorney General (MISCELLANEOUS CAUSE NO. 3 OF 2020) [2020] UGHCCD 77 (7 February 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 3 OF 2020

Judge

Nambayo, J

The court held that the enforcement of a foreign judgment in Uganda is governed by the Foreign Judgments (Reciprocal Enforcement) Act, which requires that such a judgment be registered in the High Court before any execution can be carried out. In this case, the judgment and decree from the Juba County Court in South Sudan were not registered in Uganda, and there was no evidence of compliance with the statutory requirements. Consequently, the actions of Interpol and the Uganda Police in arresting the applicant and placing him on police bond based on an unregistered foreign judgment were unlawf…

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• Foreign Judgment Enforcement
• Extradition Procedure
• Reciprocal Enforcement
• Registration Of Foreign Judgments

Christopher Sales v Attorney General

Christopher Sales v Attorney General (Civil Suit No. 91 of 2011) [2013] UGHCCD 15 (1 February 2013)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 91 of 2011

The court found that in the absence of reciprocal arrangements between Uganda and the USA, the Foreign Judgments (Reciprocal Enforcement) Act Cap 9 does not apply to the judgment in question. The judgment of the US District Court was rendered by a competent court under a reputable judicial system, and there was no evidence of fraud, prejudice, or lack of impartiality. Therefore, the judgment is enforceable in Uganda under common law principles of obligation and comity. The court distinguished between registration under Cap 9 and enforcement at common law, holding that the lack of statutory pr…

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• Foreign Judgment Enforcement
• Reciprocity
• Common Law Obligation
• Limitation Periods

In Re: Application by Michael Ndichu Mburu (Receiver/Manager of Mandeeq Africa Ltd) (In Receivership)

In Re: Application by Michael Ndichu Mburu (Receiver/Manager of Mandeeq Africa Ltd) (In Receivership) (Miscellaneous Cause No. 9 of 2008) [2008] UGCommC 70 (10 August 2008)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 9 of 2008

The court granted leave to register a Kenyan judgment in Uganda under the Foreign Judgments (Reciprocal Enforcement) Act, finding the application complied with the statutory requirements.

• Foreign Judgment Enforcement
• Receivership
• Debenture Enforcement
• Cross Border Asset Recovery
• Foreign-judgment-enforcement
• Cross-border-enforcement

Nazareth v De Souza (Divorce Cause No. 7/1937)

Nazareth v De Souza (Divorce Cause No. 7/1937) [1937] EACA 199 (1 January 1937)

Court

East African Court of Appeal

Case number

Divorce Cause No. 7/1937

Judge

Webb, J

The petition was irregular in form due to the improper joinder of a money claim with a prayer for judicial separation, but this did not render the petition a nullity. The foreign decree for judicial separation did not operate as res judicata, as its effect was limited to the territorial jurisdiction of the pronouncing court. The most serious defect was the unstamped Power of Attorney; proceedings instituted under it were a nullity, as the instrument was not duly stamped at the time of filing. Subsequent stamping did not retrospectively validate the proceedings. The officer receiving the petit…

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• Judicial Separation
• Foreign Judgment Enforcement
• Power Of Attorney
• Stamp Duty Compliance

Singh v Singh (C.C. No. 92/1937)

Singh v Singh (C.C. No. 92/1937) [1937] EACA 198 (1 January 1937)

Court

East African Court of Appeal

Case number

C.C. No. 92/1937

Judge

Webb, J

The court dismissed an action to enforce a foreign judgment, holding that it was not shown to have been given on the merits against the present defendant.

• Foreign Judgment Enforcement
• Judgment On Merits
• Default Judgment
• Conclusive Adjudication
• Foreign-judgment-enforcement
• Judgment-on-the-merits