Uganda Case Law

Pingjuan v Hexin

Pingjuan v Hexin (Miscellaneous Application 1964 of 2023) [2024] UGCommC 86 (27 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1964 of 2023

Judge

Mutesi, J

The applicant failed to disclose a bonafide defence or triable issue in the summary suit. Her admission of breach and failure to pay the debt as agreed, coupled with the lack of certified copies of the Chinese judgments and the inconclusive nature of those foreign judgments under Ugandan law, rendered her defence untenable. The Ugandan courts have jurisdiction over the dispute as the agreement was made in Uganda and the assets are located there. The principle of res judicata does not apply because the foreign judgments did not conclusively determine the matter under Ugandan law, and the appli…

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• Summary Suit Procedure
• Leave To Defend
• Foreign Judgments
• Contract Enforcement
• Res Judicata
• Jurisdiction

Leaf Tobacco and Commodities Uganda Limited v Commissioner of Customs, Uganda Revenue Authority & Anor (HCCS 218 of 2012)

Leaf Tobacco and Commodities Uganda Limited v Commissioner of Customs, Uganda Revenue Authority & Anor (HCCS 218 of 2012) [2019] UGCommC 7 (21 March 2019)

Court

Commercial Court of Uganda

Case number

HCCS 218 of 2012

The High Court dismissed a trademark and customs claim over Supermatch cigarettes transiting Uganda into South Sudan, finding no proof of unlawful conduct by either defendant.

• Trademark Infringement
• Cross Border Trade
• Customs Enforcement
• Transit Goods
• Foreign Judgments
• Smuggling Allegations

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

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937)

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937) [1938] EACA 29 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 14/1937

Judge

Francis, J (Uganda), Law, C.J (Zanzibar), Sheridan, J. (C.J. Kenya)

The Court of Appeal held that the contract in question was governed by the law of French Somaliland, as it was made and to be performed there. The French Appellate Tribunal had already adjudicated that, under the law of French Somaliland, the respondents' claim could not be enforced against the insolvent's estate in bankruptcy. Applying the principle from Gibbs and Sons v. Societe Industrielle et Commerciale des Metaux, the court determined that the discharge of liability granted by the French court must be recognized in Ethiopia, and the respondents' claim must be rejected in the Ethiopian i…

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• Bankruptcy Proof Of Debt
• Conflict Of Laws
• Lex Loci Contractus
• Foreign Judgments
• Contract Law

Jethwa v Bhanji (Civ. Case No. 3/1938,)

Jethwa v Bhanji (Civ. Case No. 3/1938,) [1938] EACA 208 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. Case No. 3/1938,

Judge

Thacker J

The court held that “judgment” in section 3 of the Limitation Ordinance, 1934 did not include foreign judgments, so the claim was time-barred.

• Limitation Periods
• Foreign Judgments
• Interpretation Of Statutes
• Foreign-judgments
• Limitation-periods
• Statutory-interpretation