Uganda Case Law

Mugerenge and Others v Rock Grass Root Investment Enterprises Limited

Mugerenge and Others v Rock Grass Root Investment Enterprises Limited (Civil Appeal 71 of 2015) [2023] UGCommC 20 (19 January 2023)

Court

Commercial Court of Uganda

Case number

Civil Appeal 71 of 2015

Judge

Elubu, J

The court held that the appellants failed to discharge the burden of proof required under Section 284 of the Companies Act, 2012 to show, by credible evidence, that the respondent company was unable to pay costs if unsuccessful. The court found no corroborative evidence in the pleadings or affidavits to support the claim of impecuniosity or lack of assets. The trial magistrate properly exercised judicial discretion in refusing to order security for costs, as the application lacked merit. The court confirmed that the onus was on the appellants to prove the respondent's financial incapacity, wh…

Source excerpt

• Security For Costs
• Company Liability
• Burden Of Proof
• Impecuniosity
• Judicial Discretion

Stanbic Bank Uganda v Muddu Awulira Enterprises Ltd

Stanbic Bank Uganda v Muddu Awulira Enterprises Ltd (Civil Application No.67 of 2016) [2018] UGCA 4 (12 January 2018)

Court

Court of Appeal of Uganda

Case number

Civil Application No.67 of 2016

Judge

Kakuru, JA

The Court of Appeal of Uganda dismissed Stanbic Bank’s application for security for costs, holding that poverty or lack of assets is not a valid ground for the order.

• Security For Costs
• Discretion Of Court
• Impecuniosity
• Access To Justice
• Security-for-costs
• Civil-procedure

Teddy Sseezi Cheeye and Another v Tumusiime

Teddy Sseezi Cheeye and Another v Tumusiime (Civil Application No. 21/95) [1997] UGCA 25 (5 February 1997)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 21/95

Judge

Manyindo, DCJ, Okello, JA, Engwau, JA

The Court of Appeal dismissed an application for stay of execution, holding that inability to pay the decretal sum was not sufficient cause for a stay pending appeal.

• Stay Of Execution
• Sufficient Cause
• Impecuniosity
• Damages Award
• Appeal Procedure
• Stay-of-execution