Uganda Case Law

Fenghua Limited v Modena MN Group Construction Uganda Limited & 2 Others

Fenghua Limited v Modena MN Group Construction Uganda Limited & 2 Others (Civil Suit 735 of 2022) [2023] UGCommC 170 (30 September 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 735 of 2022

Judge

Mutesi, J

The High Court held the defendant liable for unpaid equipment rent, entered judgment on admission for part of the debt, dismissed third-party indemnity claims, and awarded general damages and interest.

• Equipment Rental Contracts
• Breach Of Contract
• Indemnity Liability
• Special And General Damages
• Breach-of-contract
• Equipment-rental

National Water and Sewerage Corporation v Kyenjojo Town Council

National Water and Sewerage Corporation v Kyenjojo Town Council (Miscellaneous Application No. 5 of 2021) [2023] UGHCCD 41 (27 February 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 5 of 2021

Judge

Wagona, J

The court found that the Applicant established sufficient grounds for the issuance of a third party notice to the Respondent. The evidence showed that the Respondent was in possession and use of the suit land at the time the alleged trespass occurred in 2003, while the Applicant only took over operations in 2017. The subject matter between the Applicant and Respondent is identical to that between the plaintiff and defendant in the main suit, namely, ownership and alleged trespass on the suit land. The Applicant is entitled to seek indemnity or contribution from the Respondent for any liabilit…

Source excerpt

• Third Party Procedure
• Joinder Of Parties
• Indemnity
• Trespass To Land

ATC (U) Limited v Bitama and Others

ATC (U) Limited v Bitama and Others (Miscellaneous Application No. 111 of 2022) [2023] UGHC 5 (9 January 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 111 of 2022

Judge

Wagona, J

The court found that the applicant had established sufficient grounds for the issuance of a third party notice against the 1st respondent. The license agreement between the applicant (having acquired rights from Eaton Towers Uganda Limited) and the 1st respondent expressly provided for indemnity by the 1st respondent against all claims and losses arising from use of the licensed area. The subject matter in the main suit and between the applicant and the 1st respondent is the same land, and the claims in the main suit (trespass) directly relate to the indemnity provisions in the license agreem…

Source excerpt

• Third Party Procedure
• Indemnity
• Land Licensing
• Trespass
• Joinder Of Parties

Turinawe v Turyahabwe

Turinawe v Turyahabwe (Miscellaneous Application 308 of 2022) [2022] UGHC 140 (9 December 2022)

Court

High Court of Uganda

Case number

Miscellaneous Application 308 of 2022

Judge

Joyce Kavuma, J

The High Court granted leave to issue a third-party notice, finding the applicant had shown a possible right to indemnity over land sold with an undisclosed mortgage.

• Third Party Procedure
• Indemnity
• Joinder Of Parties
• Land Sale Disputes
• Third-party-procedure
• Joinder-of-parties

Kato v Tullow Uganda Operations PTY Limited and 2 Others

Kato v Tullow Uganda Operations PTY Limited and 2 Others (Civil Suit No. 5 of 2013) [2022] UGHCCD 99 (2 June 2022)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 5 of 2013

Judge

Byaruhanga Rugyema, J

The High Court dismissed Kato Jacob’s claims for wrongful arrest, false imprisonment, and malicious prosecution, finding no liability proved against the remaining defendants.

• Malicious Prosecution
• False Imprisonment
• Wrongful Arrest
• Res Judicata
• Indemnification
• Malicious-prosecution

Semanda v Airtel (U) Ltd and Anor (H.C.Miscellaneous Application No. 996 of 2020)

Semanda v Airtel (U) Ltd and Anor (H.C.Miscellaneous Application No. 996 of 2020) [2021] UGCommC 79 (19 August 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 996 of 2020

Judge

Gaswaga, J

The High Court granted Airtel leave to issue a third party notice against Blu Flamingo Limited, finding a contractual basis for indemnity and no prejudice to the plaintiff.

• Third Party Procedure
• Indemnity
• Contractual Liability
• Image Rights
• Third-party-procedure
• Contractual-liability

World Best Corporation v The Commissioner Customs, Uganda Revenue Authority

World Best Corporation v The Commissioner Customs, Uganda Revenue Authority (Miscellaneous Cause No. 121 of 2018) [2018] UGHCCD 223 (29 June 2018)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 121 of 2018

Judge

Musa Ssekaana, J

The High Court ordered release of detained imported goods to World Best Corporation, finding the consignee named in the shipping documents did not exist and that the related suit was part of a fraud.

• Release Of Goods
• Customs Bonded Warehouse
• Fraudulent Consignee
• Indemnity
• Ownership Dispute
• Release-of-goods

Hajji Kavuma v First Insurance Company Ltd

Hajji Kavuma v First Insurance Company Ltd (Civil Suit No. 442 of 2013) [2018] UGCommC 65 (7 May 2018)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 442 of 2013

The High Court held that the insured failed to disclose material vehicle upgrades and misrepresented the risk, so the insurer could repudiate the policy.

• Insurance Contracts
• Non Disclosure
• Misrepresentation
• Utmost Good Faith
• Indemnity
• Contractual Breach

Candiru Asina Binnia v Centenary Rural Development Bank Limited

Candiru Asina Binnia v Centenary Rural Development Bank Limited (Civil Suit No. 0022 of 2016) [2017] UGHC 120 (21 December 2017)

Court

High Court of Uganda

Case number

Civil Suit No. 0022 of 2016

Judge

Stephen Mubiru, J

The High Court dismissed a claim for compensation after a land sale was annulled for fraud, applying ex turpi causa and ordering each party to bear its own costs.

• Breach Of Contract
• Fraudulent Transfer
• Mortgage Foreclosure
• Indemnity
• Title Cancellation
• Ex-turpi-causa

Saladin Media Advertising v Pioneer Easy Bus Ltd

Saladin Media Advertising v Pioneer Easy Bus Ltd (Civil Suit No. 435 of 2012) [2017] UGCommC 100 (7 September 2017)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 435 of 2012

The High Court held that Pioneer Easy Bus Ltd breached a commercial agreement by terminating without the required notice and notice-to-remedy procedure, awarding Saladin Media special and general damages.

• Breach Of Contract
• Damages
• Termination Of Contract
• Indemnity
• Contractual Obligations
• Breach-of-contract