Uganda Case Law

B. J Consults Limited v Attorney General

B. J Consults Limited v Attorney General (Civil Suit 365 of 2020) [2024] UGCommC 328 (14 October 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 365 of 2020

Judge

Kahigi Asiimwe, J

The court found that for a contract with a public entity to be valid under Ugandan law, it must comply strictly with the procedures set out in the Public Procurement and Disposal of Public Assets Act (PPDA Act). In this case, there was no evidence that the Ministry of Education and Sports followed the required procurement procedures, such as bid solicitation, evaluation, and contracts committee approval. The Plaintiff failed to prove that a valid contract, as defined by the PPDA Act, existed between the parties. The court held that non-compliance with the PPDA Act is fatal to the validity of…

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• Public Procurement
• Contract Validity
• Unjust Enrichment
• Government Contracts

Allies DBT Africa Limited v Attorney General

Allies DBT Africa Limited v Attorney General (Civil Suit 298 of 2021) [2024] UGCommC 192 (12 June 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 298 of 2021

Judge

Kahigi Asiimwe, J

The High Court held that a multiyear procurement contract lacked evidence of parliamentary approval and that phases 2 and 3 were never initiated, so the suit was dismissed.

• Government Contracts
• Public Procurement
• Contract Enforceability
• Multiyear Commitments
• Parliamentary Approval
• Breach Of Contract

Zhonghao Overseas Construction Engineering Co. Limited v Attorney General and Others

Zhonghao Overseas Construction Engineering Co. Limited v Attorney General and Others (Miscellaneous Application 1955 of 2023) [2023] UGCommC 125 (29 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1955 of 2023

Judge

Kahigi Asiimwe, J

The court found that while the contract contained a valid arbitration clause, the designated appointing authority (CADER) was unable to act due to the absence of a governing council. To give effect to the parties' intention to arbitrate, the court appointed the International Centre of Arbitration & Mediation in Kampala (ICAMEK) to assign an arbitrator. The application for interim protective orders was dismissed because the applicant failed to demonstrate irreparable injury that could not be compensated by damages, and the balance of convenience favored the respondents, as halting a public hea…

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• Arbitration Agreement
• Interim Measures
• Mandamus
• Government Contracts
• Injunctive Relief

Muhanguzi v Attorney General (HCT-05-LD-CS 43 of 2019)

Muhanguzi v Attorney General (HCT-05-LD-CS 43 of 2019) [2023] UGHC 126 (20 October 2023)

Court

High Court of Uganda

Case number

HCT-05-LD-CS 43 of 2019

Judge

Allan Nshimye, J

The High Court held that the government had a valid contract to buy Mitoma Vocational Secondary School, breached it by non-payment, and awarded damages, costs, and restoration of control to the owner.

• Breach Of Contract
• Specific Performance
• Damages For Breach
• Government Contracts
• Remedies For Breach
• Contract Validity

China Road & Bridge Corporation v Welt Machinen Engineering Limited

China Road & Bridge Corporation v Welt Machinen Engineering Limited (Civil Appeal 13 of 2019; Civil Appeal 14 of 2019) [2022] UGSC 8 (2 February 2022)

Court

Supreme Court of Uganda

Case number

Civil Appeal 13 of 2019 ; Civil Appeal 14 of 2019

Judge

Arach-Amoko, JSC, Mwondha, JSC, Mugamba, JSC, Muhanguzi, JSC, Mike Chibita, JSC

The Supreme Court held that granite used for road construction was not a mineral under Article 244, found the district lacked contracting power, and set aside the compensation award.

• Public Land Allocation
• Mineral Rights
• Res Judicata
• Statutory Interpretation
• Unjust Enrichment
• Government Contracts

Green Watch v Attorney General

Green Watch v Attorney General (MISCELLANEOUS CAUSE NO. 232 OF 2009) [2020] UGHC 414 (13 August 2020)

Court

High Court of Uganda

Case number

MISCELLANEOUS CAUSE NO. 232 OF 2009

Judge

Mugambe, J

The High Court held that oil production sharing agreements with government are public documents and must be disclosed unless the state proves a valid constitutional exception.

• Access To Information
• Public Documents
• Constitutional Rights
• Government Contracts
• Access-to-information
• Public-documents

Alpa Gama Engineering Enterprises Ltd v Attorney General

Alpa Gama Engineering Enterprises Ltd v Attorney General (Civil Appeal No. 54 of 2014) [2020] UGCA 69 (2 July 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 54 of 2014

Judge

Egonda-Ntende, JA, Kibeedi, JA, Barishaki, JA

The Court of Appeal partly allowed an appeal over a government construction contract, increasing the unpaid balance awarded and raising interest, while rejecting a VAT penalty claim.

• Government Contracts
• Vat Liability
• Special Damages
• Interest Awards
• Government-contracts
• Vat-liability

American Procurement Company Limited v Attorney General and Inspectorate of Government

American Procurement Company Limited v Attorney General and Inspectorate of Government (Civil Appeal No. 35 of 2009) [2014] UGCA 133 (4 April 2014)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 35 of 2009

Judge

Nshimye, JA, Buteera, JA, Kakuru, JA

The Court of Appeal dismissed a challenge arising from a government procurement contract, holding that ongoing IGG investigations made the suit premature and non-justiciable.

• Government Contracts
• Corporate Capacity
• Joinder Of Parties
• Judicial Review
• Fraud In Contracts
• Government-contracts

Okullo v Attorney General

Okullo v Attorney General (Civil Suit No. 383 of 2012) [2014] UGHCCD 10 (23 January 2014)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 383 of 2012

The High Court held that the plaintiff’s claim against government was not time-barred because part payments in 2011 and 2012 revived the limitation period.

• Limitation Periods
• Acknowledgment Of Debt
• Government Contracts
• Part Payment Effect
• Contractual Interest
• Limitation-periods

American Procurement Company v Attorney General & Anor

American Procurement Company v Attorney General & Anor (Civil Suit No. 735 of 2006) [2008] UGCommC 65 (1 December 2008)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 735 of 2006

The court held that the Inspectorate of Government (IGG) has the constitutional and statutory authority to investigate allegations of corruption and to issue stop orders on government payments pending such investigations. While the plaintiff was entitled to seek enforcement of its contract against the Attorney General, the IGG, having been joined as a defendant, enjoys immunity from suit for acts done in good faith under the Inspectorate of Government Act. The plaintiff did not plead or prove bad faith on the part of the IGG, and therefore, the IGG's ongoing investigation and stop order const…

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• Government Contracts
• Contract Enforcement
• Public Procurement
• Preliminary Objections