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Uganda decisions
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Bank of Baroda (U) Limited v Shukla (Miscellaneous Application 1379 of 2024) [2025] UGCommC 44 (10 January 2025)
The High Court disallowed an amended plaint that would have shifted a mortgage dispute into new allegations of coercion and misrepresentation.
Mugasha v Total Energies Marketing Uganda Limited (Miscellaneous Application 648 of 2024) [2024] UGCommC 207 (30 July 2024)
The High Court granted the applicant unconditional leave to defend a commercial summary suit after finding a bona fide triable issue over alleged fuel card fraud and disputed deductions.
Perfect Roses Farm Limited & Another v Bank of Africa (U) Limited (Miscellaneous Application 238 of 2021) [2023] UGCommC 204 (28 September 2023)
The court found that the intended amendments to the plaint, including the addition of new defendants and more detailed particulars of fraud, illegality, and misrepresentation, are necessary for the just determination of the real questions in controversy. The court held that the procedural defects in the supporting affidavit were cured by the supplementary affidavit filed before the hearing, and that the amendments would not prejudice the respondent or fundamentally alter the character of the suit. The court further held that the addition of transferees of the security and the bailiff as defen…
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Citibank Uganda Ltd v Uganda Fish Packers Ltd and 6 Others (Civil Appeal No. 38 of 2017) [2023] UGCA 66 (23 February 2023)
The Court of Appeal partly allowed Citibank’s appeal, reinstating guarantor liability for some respondents, finding one respondent participated in fraud, and dismissing the cross-appeal.
Ranchhodbhai Shivabhai Patel Ltd & Anor v Wambuga & Anor (Civil Appeal No. 057 of 2010) [2017] UGCA 7 (29 March 2017)
The Court of Appeal dismissed an appeal challenging a liquidator’s sale of company property, finding no proved fraud and upholding title in the buyer.
Centenary Rural Development Bank Limited v Richard Ivan Mungati T/a Survesis (Civil Suit No. 116 of 2018) [2021] UGHC 46 (15 July 2021)
The court found that there was no misjoinder of causes of action, as the claims arose from a retainer agreement and involved a series of similar transactions with common questions of law and fact. Joinder was therefore proper under the Civil Procedure Rules. However, the court held that the claim relating to negligence over Plot 871 Block 250 Bunga, Kampala District was substantially the same as the subject matter in Civil Suit No. 129 of 2013, which was pending before the Land Division. This amounted to a violation of the lis pendens rule, rendering that part of the suit untenable. The claim…
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