Uganda Case Law

Sanlam General Insurance (U) Limited v Megger Technical Services Limited

Sanlam General Insurance (U) Limited v Megger Technical Services Limited (Civil Suit 245 of 2023) [2024] UGCommC 333 (11 November 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 245 of 2023

Judge

Kahigi Asiimwe, J

The High Court dismissed a claim for unpaid insurance premiums, holding that the policies were unenforceable because premiums were not paid in full before inception.

• Insurance Contracts
• Illegality Of Contract
• Premium Payment Requirements
• Contract Enforceability
• Insurance-contracts
• Premium-payment

China Road Bridge Corporation v Welt Machinen Engineering and Others

China Road Bridge Corporation v Welt Machinen Engineering and Others (Miscellaneous Cause 12 of 2022; Miscellaneous Cause 13 of 2022) [2023] UGSC 42 (9 August 2023)

Court

Supreme Court of Uganda

Case number

Miscellaneous Cause 12 of 2022 ; Miscellaneous Cause 13 of 2022

Judge

Mwondha, JSC, Tibatemwa-Ekirikubinza, JSC, Mike Chibita, JSC, Christopher Madrama Izama, JSC, Stephen Musota, JSC

The Supreme Court dismissed a stay application pending review of its earlier judgment, holding there was no pending appeal and no sufficient basis for relief.

• Stay Of Execution
• Review Of Judgment
• Illegality Of Contract
• Compensation For Land
• Abuse Of Process
• Stay-of-execution

Local Government Finance Commission v Craddle Communications Limited

Local Government Finance Commission v Craddle Communications Limited (Civil Appeal 59 of 2021) [2022] UGCommC 122 (28 February 2022)

Court

Commercial Court of Uganda

Case number

Civil Appeal 59 of 2021

Judge

Stephen Mubiru, J

The court found that the contract between the respondent and the appellant was procured in violation of mandatory public procurement laws, specifically the Public Procurement and Disposal of Public Assets Act, 2003. There was no evidence that any of the lawful procurement methods—open bidding, restricted bidding, competitive procedure without prior publication, or direct procurement—were followed. The contract was therefore illegal and void ab initio. The court held that the trial Magistrate erred in enforcing the contract and awarding the contract price, damages, and interest to the responde…

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• Public Procurement
• Illegality Of Contract
• Enforceability Of Contracts
• Unjust Enrichment

Lanex Forex Bureau Ltd v Mulangwe

Lanex Forex Bureau Ltd v Mulangwe (Civil Appeal No. 190 of 2016) [2021] UGCA 125 (1 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 190 of 2016

Judge

Cheborion, JA, Madrama, JA, Musota, JA

The Court of Appeal held that the reconstructed record, agreed upon and certified by both parties' counsel, was a valid basis for adjudication, and the appellant was estopped from challenging its use. The delay in judgment delivery was not so unreasonable as to prejudice the parties' rights. On the substantive issue, the court found that the deposit of US$160,000 was made to the appellant, a forex bureau, in contravention of statutory regulations prohibiting such deposits. However, the law and common law principles of restitution and unjust enrichment required that the appellant refund the de…

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• Illegality Of Contract
• Unjust Enrichment
• Restitution
• Regulatory Compliance Forex Bureaux
• Estoppel
• Reconstruction Of Court Record

Fred Watuwa Kulyatte v Dairy Development Authority

Fred Watuwa Kulyatte v Dairy Development Authority (Civil Suit No. 125 of 2019) [2021] UGHCLD 76 (30 March 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 125 of 2019

Judge

Nkonge, J

The High Court held that a land transaction with a public entity was illegal for noncompliance with the PPDA Act and dismissed both the suit and counterclaim.

• Public Procurement Compliance
• Illegality Of Contract
• Disposal Of Public Assets
• Cause Of Action
• Enforceability Of Contract
• Remedies In Land Disputes

Stanbic Bank Uganda Ltd v Kalule

Stanbic Bank Uganda Ltd v Kalule (Civil Appeal No. 278 of 2016) [2021] UGCA 132 (25 February 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 278 of 2016

Judge

Kakuru, JA, Madrama, JA, Kiryabwire, JA

The Court of Appeal held that the appellant, Stanbic Bank Uganda Limited, breached the finance lease agreement by repossessing and selling the respondent's truck without providing the contractually required 14 days' written notice. The court found that the lease agreement clearly stipulated the respondent's physical address for service, and the appellant's failure to serve notice at that address rendered the repossession and subsequent sale unlawful. The court further determined that, as a result of this breach, the respondent was deprived of the opportunity to rectify the default and potenti…

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• Finance Leasing
• Breach Of Contract
• Notice Requirements
• Damages Assessment
• Illegality Of Contract
• Asset Recovery

Diamond Trust Bank Uganda Limited & Another v Ham Enterprises Limited & 2 Others

Diamond Trust Bank Uganda Limited & Another v Ham Enterprises Limited & 2 Others (Miscellaneous Application No. 846 of 2020) [2020] UGHC 119 (2 November 2020)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 846 of 2020

Judge

Zeija, J

The High Court granted a stay of execution pending appeal, finding arguable issues on illegality, liquidated sums, and the risk of irreparable loss.

• Stay Of Execution
• Syndicated Loans
• Illegality Of Contract
• Security For Due Performance
• Mortgage Release
• Liquidated And Unliquidated Claims

Ham Enterprises Limited & 2 Others v Diamond Trust Bank (U) Limited & Another

Ham Enterprises Limited & 2 Others v Diamond Trust Bank (U) Limited & Another (Miscellaneous Application 654 of 2020) [2020] UGCommC 172 (7 October 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 654 of 2020

Judge

Adonyo, J

The High Court struck out the defence and entered judgment for the applicants, holding that the respondents' credit transactions and agency arrangements were unlawful under Uganda's banking laws.

• Illegality Of Contract
• Foreign Bank Operations
• Agent Banking Regulation
• Licensing Requirements
• Striking Out Pleadings
• Enforcement Of Judgments

In Re: Trevor Mugumu (Child) (Family Cause No. 68 of 2019)

In Re: Trevor Mugumu (Child) (Family Cause No. 68 of 2019) [2020] UGHCFD 2 (17 March 2020)

Court

HC: Family Division (Uganda)

Case number

Family Cause No. 68 of 2019

Judge

Kitariisibwa-Katunguka, J

The High Court held a land commission agreement illegal to the extent it monetized access to public compensation, found the 50% fee unconscionable, and dismissed the suit.

• Illegality Of Contract
• Unconscionable Terms
• Public Policy In Contracts
• Real Estate Brokerage
• Commission Agreements
• Illegality-of-contract

Namanya & Another v Mukalagi

Namanya & Another v Mukalagi (CIVIL SUIT NO. 237 OF 2012) [2020] UGHCCD 6 (28 February 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 237 OF 2012

Judge

Wolayo, J

The court found that the commission agreement between the Plaintiffs and Defendant was illegal on public policy grounds because it monetized access to the Uganda Land Commission's Land Fund, a public service intended to be free unless charges are specifically imposed by law. The 50% commission term was deemed unconscionable, as no reasonable landowner would agree to split the proceeds from a land sale equally with a broker, especially under circumstances where the Defendant was in a weaker bargaining position and the Plaintiffs leveraged their connections to extract an excessive commission. A…

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• Illegality Of Contract
• Public Policy In Contracts
• Unconscionable Terms
• Real Estate Brokerage
• Commission Agreements