Uganda Case Law

Kobusingye v Zimbiha

Kobusingye v Zimbiha (Civil Appeal No. 69 of 2019) [2022] UGCA 201 (1 August 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 69 of 2019

Judge

Egonda-Ntende, JA, Kibeedi Mutangula, JA, Gashirabake, JA

The Court of Appeal held that the Memorandum of Understanding between the appellant and respondent was champertous and unenforceable under Ugandan law. The agreement was concluded before the Contracts Act 2010 came into force, so the common law applied. At common law, champerty and maintenance agreements are void and illegal, as they offend public policy by encouraging litigation for personal gain. The court found that the appellant's claim for 10% of the compensation awarded to the respondent was not made in good faith for reasonable recompense, but rather constituted an unlawful share in th…

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• Champerty And Maintenance
• Illegality Of Contracts
• Public Policy
• Quantum Meruit

Leo's Investment Limited v Turyakira and Another

Leo's Investment Limited v Turyakira and Another (Civil Suit No. 8 of 2020) [2022] UGHCLD 39 (3 March 2022)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 8 of 2020

Judge

Kazibwe, J

The High Court held that the plaintiff’s loan claim was unsupported by statutory records and based on an unlawful money-lending transaction, so the suit was dismissed with costs.

• Money Lending Regulation
• Loan Agreements
• Illegality Of Contracts
• Interest Rate Controls
• Money-lending-regulation
• Loan-agreements

Sekitoleko v Gapco (U) Limited

Sekitoleko v Gapco (U) Limited (Miscellaneous Application 202 of 2001) [2002] UGCommC 32 (18 February 2002)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 202 of 2001

Judge

Ogoola James, j

The High Court partially allowed an application to remit an arbitral award, requiring reconsideration of the specific refund amounts while upholding most of the award.

• Arbitration Awards
• Remission Of Award
• Ultra Vires Arbitrator
• Unjust Enrichment
• Illegality Of Contracts
• Arbitration

Nile Bank Ltd and Anor v Thomas Kato and Ors - (High Court Miscellaneous Application No. 1190 of 1999)

Nile Bank Ltd and Anor v Thomas Kato and Ors - (High Court Miscellaneous Application No. 1190 of 1999) [2000] UGCommC 5 (29 August 2000)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 1190 of 1999

The court found that the written statement of defence filed by the defendants was a general denial and failed to specifically address the factual allegations in the plaint, thereby offending Order 6 rule 7 of the Civil Procedure Rules. The purported defence of illegality was not properly pleaded, as it did not specify the facts or statutory provisions allegedly breached, contrary to Order 6 rule 5. The alternative defences raised were either legally meaningless or contradicted by documentary evidence attached to the plaint. The court emphasized that pleadings must clearly set out the issues f…

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• Contract Breach
• Indemnity Clauses
• Pleadings Requirements
• Illegality Of Contracts