Uganda Case Law

MTK (U) Limited v Attorney General & 3 Others and DFCU Bank Limited v MTK (U) Limited & Another

MTK (U) Limited v Attorney General & 3 Others and DFCU Bank Limited v MTK (U) Limited & Another (Civil Suit 578 of 2022) [2024] UGCommC 159 (13 May 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 578 of 2022

Judge

Ocaya, J

The court held that the counterclaim survived abatement of the main suit, entered judgment for DFCU Bank for USD 5,220,009, denied general damages, and awarded interest and costs.

• Loan Default
• Guarantee Enforcement
• Banking Facility Dispute
• Default Judgment
• Interest Award
• Loan-default

Kitaka v Guaranty Trust Bank (U) Limited

Kitaka v Guaranty Trust Bank (U) Limited (Miscellaneous Application 369 of 2024) [2024] UGCommC 136 (30 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 369 of 2024

Judge

Tumusiime Rubagumya, J

The court found that the applicant raised bona fide triable issues of law and fact regarding the legality of the mortgage transaction, his liability as a guarantor, and the existence of a dispute over the mortgaged property, which is also subject to ongoing litigation and a temporary injunction. The court held that these issues go to the root of the transaction and require judicial determination, thus placing the plaint outside the ambit of summary procedure under Order 36 of the Civil Procedure Rules. Consequently, the applicant was entitled to unconditional leave to appear and defend the su…

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• Summary Procedure
• Leave To Defend
• Mortgage Liability
• Guarantee Enforcement
• Triable Issues
• Matrimonial Property

Bhasker v Mohamed & Other

Bhasker v Mohamed & Other (Civil Suit 674 of 2000) [2008] UGCommC 88 (18 March 2008)

Court

Commercial Court of Uganda

Case number

Civil Suit 674 of 2000

Judge

Kiryabwire, J

The High Court dismissed a claim for UGX 35 million after finding the dispute had been settled by a 1999 deed of settlement and was barred by estoppel.

• Guarantee Enforcement
• Settlement Agreements
• Estoppel
• Cheque Dishonour
• Settlement-agreements
• Commercial-dispute

Capital Finance Corporation Ltd v Shamsheral M. Zaver (HCT-00-CC-CS 739 of 2005)

Capital Finance Corporation Ltd v Shamsheral M. Zaver (HCT-00-CC-CS 739 of 2005) [2007] UGCommC 103 (11 December 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 739 of 2005

The court held that the plea of res judicata could not succeed because the earlier suit (HCCS No. 1021 of 1999) was against the principal debtor alone, while the present suit is against the guarantor, whose liability is distinct and arises from a separate contract of guarantee. The parties, theories of recovery, and demands in the two suits are not identical. As for limitation, the court found that the guarantee was invoked on 19/03/2004, and assuming the demand was properly made, the suit was filed within the six-year limitation period for contract claims. Therefore, both preliminary objecti…

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• Guarantee Enforcement
• Res Judicata
• Limitation Periods
• Contractual Liability