Uganda Case Law

Beiersdorf East Africa Limited and Another v Dembe Trading Enterprises Limited

Beiersdorf East Africa Limited and Another v Dembe Trading Enterprises Limited (Miscellaneous Appeal 45 of 2022) [2022] UGCommC 174 (30 November 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 45 of 2022

Judge

Mutesi, J

The High Court held that the Deputy Registrar erred in law by determining the question of jurisdiction, a substantive issue that should have been reserved for the trial judge under the Civil Procedure Rules. The court found that the exclusive jurisdiction clause in the parties' agreement was clear, valid, and binding, conferring jurisdiction on the Kenyan Commercial Court. The Respondent failed to demonstrate any strong reason or public policy ground to justify departure from the contractual forum, and the involvement of a third party did not displace the effect of the clause. As a result, th…

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• Exclusive Jurisdiction Clauses
• Temporary Injunctions
• Contractual Disputes
• Forum Selection
• Appeals Procedure

Maersk Agency Uganda Limited v Munywevu & Another

Maersk Agency Uganda Limited v Munywevu & Another (Miscellaneous Application 1177 of 2021) [2022] UGHC 153 (4 March 2022)

Court

High Court of Uganda

Case number

Miscellaneous Application 1177 of 2021

Judge

Stephen Mubiru, J

The High Court held that the applicant submitted to jurisdiction by failing to file a notice of intention to defend, and rejected enforcement of an exclusive English forum clause.

• Exclusive Jurisdiction Clauses
• Forum Selection
• Contractual Dispute Resolution
• Default Judgment
• Submission To Jurisdiction
• Exclusive-jurisdiction-clauses

URA v Globe World Engineering (U) Ltd

URA v Globe World Engineering (U) Ltd (Miscellaneous Application No. 152 of 2020) [2022] UGCommC 12 (24 January 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 152 of 2020

Judge

Gaswaga, J

The High Court struck out a tax appeal filed directly in the wrong forum, holding that objection decisions must first be reviewed by the Tax Appeals Tribunal.

• Tax Appeals Tribunal Jurisdiction
• Objection Decision Review
• Forum Selection
• Appeal Procedure
• Tax-appeals-tribunal
• Objection-decision-review

Icco Cooperation v Trivision Uganda Ltd

Icco Cooperation v Trivision Uganda Ltd (Miscellaneous Application None of 2018) [2018] UGCommC 14 (23 May 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application None of 2018

The High Court of Uganda held that an exclusive Dutch forum clause did not oust its jurisdiction and denied the application to dismiss the suit.

• Exclusive Jurisdiction Clauses
• Contractual Dispute Resolution
• Forum Selection
• Access To Justice
• Breach Of Contract
• Exclusive-jurisdiction-clauses

Ssenteza & Anor v Donnie Company Limited & Anor (HCT-00-CV-CI-0005-2016)

Ssenteza & Anor v Donnie Company Limited & Anor (HCT-00-CV-CI-0005-2016) [2016] UGHCCD 48 (20 June 2016)

Court

HC: Civil Division (Uganda)

Case number

HCT-00-CV-CI-0005-2016

Judge

Musota, J

The High Court struck out a minority shareholder petition against the bank and claims under section 247, allowing the unfair-prejudice claim to proceed under section 248.

• Minority Shareholder Rights
• Oppression And Unfair Prejudice
• Company Management Disputes
• Lis Pendens
• Cause Of Action
• Forum Selection

Bayeti Farm Enterprises Ltd v Transition Grant Services & 2 Ors (CAD/ARB/ 2 of 2009)

Bayeti Farm Enterprises Ltd v Transition Grant Services & 2 Ors (CAD/ARB/ 2 of 2009) [2009] UGCADER 3 (11 March 2009)

Court

Center for Arbitration and Dispute Resolution of Uganda

Case number

CAD/ARB/ 2 of 2009

The tribunal granted Bayeti Farm Enterprises Ltd’s application to appoint an arbitrator, holding that pending High Court proceedings did not bar arbitration.

• Arbitration Agreement
• Appointment Of Arbitrator
• Company Disputes
• Forum Selection
• Arbitration-agreement
• Appointment-of-arbitrator

Jagan v Jina

Jagan v Jina (Civil Suit No. 746 of 1955) [1955] EACA 80 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Suit No. 746 of 1955

Judge

CRAM, Ag. J

The court held that the value to be considered for jurisdiction and forum selection is the value of the subject-matter the plaintiff-landlord seeks to recover, not the value to the defendant-tenant. The plaint, as drafted, stated the value from the tenant's perspective, not the landlord's, and thus the suit fell within the pecuniary jurisdiction of a subordinate court. The plaintiff was granted leave to amend the plaint to state the value to himself, with the hearing adjourned for seven days for this purpose. Costs thrown away by the adjournment or amendment on the issue of jurisdiction were…

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• Jurisdiction Of Courts
• Pecuniary Jurisdiction
• Forum Selection
• Landlord And Tenant Disputes

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…

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