Egbert De Smet v Nakassanga (Civil Suit No. 387 of 2011) [2017] UGCommC 135 (21 August 2017)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 387 of 2011
The High Court held that a foreign exclusive-jurisdiction clause did not oust its constitutional jurisdiction and overruled the defendant’s preliminary objection.
Kenya Glass Works Ltd v Meucci (Civil Suit No. 326 of 1954) [1954] EACA 44 (1 January 1954)
Court
East African Court of Appeal
Case number
Civil Suit No. 326 of 1954
Judge
Cram J
The court held that while the Supreme Court retains jurisdiction over all civil matters regardless of pecuniary value, procedural rules require that suits be instituted in the court of the lowest grade competent to try them. The Resident Magistrate at Mombasa had both territorial and pecuniary jurisdiction over the dispute, as the alleged breach of contract and the defendant's domicile were in Mombasa, and the amount claimed was within the magistrate's extended jurisdiction. The defendant demonstrated significant inconvenience and prejudice if the suit were heard in Nairobi, including the nee…
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…