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15 Sept 2023

Commercial And Corporate [2023] UGCommC 211

Ecobank Uganda Limited v King James Comprehensive School Limited & 2 Others

Ecobank Uganda Limited v King James Comprehensive School Limited & 2 Others (Civil Suit 654 of 2017) [2023] UGCommC 211 (15 September 2023)

Court: Commercial Court of Uganda
Case number: Civil Suit 654 of 2017
Judge: Anna B. Mugenyi, J

The court found that the 1st Defendant breached the loan facility agreement by failing to make the required termly repayments and not depositing the stipulated amounts per term, despite the Plaintiff's alteration of the repayment schedule from termly to quarterly. The change in schedule was not properly notified to the Defendant as required by the Bank of Uganda Financial Consumer Protection Guidelines, but there was no evidence that this change affected the Defendant's ability to repay. The Plaintiff did not fraudulently tamper with the account statements, as no discrepancies were proven and…

Source excerpt

Loan Facility Agreement
Guarantee Liability
Breach Of Contract
Fraudulent Accounting
Remedies For Breach

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16 Oct 2015

Commercial And Corporate [2015] UGCA 81

Commodity Export International Ltd & Anor Vs Mkm Trading Company Ltd & Anor

Commodity Export International Ltd & Anor Vs Mkm Trading Company Ltd & Anor (Civil Appeal No. 84 of 2008) [2015] UGCA 81 (16 October 2015)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 84 of 2008

The Court of Appeal held that computer-generated printouts, when created in the ordinary course of business and their authenticity is not challenged, constitute primary evidence under Ugandan law and common law principles. The appellants' diversion of joint venture funds to non-joint venture activities was established by documentary and testimonial evidence, amounting to breach of contract and fraud. The trial judge's award of general damages for foreign exchange loss was justified, even though special damages were not strictly proved, as the loss naturally arose from the breach. The lifting…