Uganda Case Law

Visare (U) Limited v Simba Telecom Limited (Company Cause No. 1 of 2022)

Visare (U) Limited v Simba Telecom Limited (Company Cause No. 1 of 2022) [2025] UGCommC 121 (2 June 2025)

Court

Commercial Court of Uganda

Case number

Company Cause No. 1 of 2022

Judge

Susan Odongo, J

The court found that the petitioner failed to comply with mandatory statutory requirements for winding up proceedings, specifically the issuance of a public notice and proper service of the statutory demand. The public notice is required to inform stakeholders and ensure transparency, and its absence renders the proceedings null and void. Additionally, the statutory demand was served on 'Simba Group' rather than the legal entity 'Simba Telecom Limited,' making the service defective and legally ineffective. These procedural defects are fatal to the competence of the petition, and as such, the…

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• Company Winding Up
• Statutory Demand Service
• Public Notice Requirement
• Insolvency Proceedings

Ndawula v Hiraa Traders (U) Limited

Ndawula v Hiraa Traders (U) Limited (Miscellaneous Application 2159 of 2024) [2024] UGCommC 351 (30 October 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2159 of 2024

Judge

Stephen Mubiru, J

The High Court set aside a bankruptcy order after finding the petitioner company had been struck off and the proceedings had stalled for years.

• Bankruptcy Orders
• Company Striking Off
• Abuse Of Process
• Insolvency Proceedings
• Revocation Of Orders
• Bankruptcy-orders

Stanbic Bank Limited v Jonah Investments Limited & Another

Stanbic Bank Limited v Jonah Investments Limited & Another (Miscellaneous Application 8 of 2017) [2024] UGCommC 228 (6 June 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 8 of 2017

Judge

Stephen Mubiru, J

The High Court held that failure to comply with a duly served statutory demand presumed insolvency and justified a winding-up order against Jonah Investments Limited.

• Insolvency Proceedings
• Statutory Demand
• Winding Up Petition
• Judgment Debt Enforcement
• Insolvency-proceedings
• Statutory-demand

Civtec Africa Limited v Mantrac Uganda Limited

Civtec Africa Limited v Mantrac Uganda Limited (Miscellaneous Cause 154 of 2023) [2024] UGHCCD 63 (3 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 154 of 2023

Judge

Boniface Wamala, J

The court found that the debt claimed by the Respondent was substantially disputed, as the computation of the outstanding sum was done unilaterally without the Applicant's participation, making the debt unascertained. The Applicant also raised a counter claim that required investigation in a separate civil suit. No evidence was presented to show that the Applicant was undergoing financial distress or was unable to pay its debts; the dispute was over the amount owed, not the ability to pay. The court emphasized that insolvency proceedings should not be used as a debt collection tool for disput…

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• Statutory Demand
• Insolvency Proceedings
• Debt Dispute
• Counter Claim
• Bad Faith In Debt Collection

Jomayi Consultants Limited v NC Bank Uganda Limited (Company Cause 5 of 2020; Miscellaneous Cause 43 of 2020)

Jomayi Consultants Limited v NC Bank Uganda Limited (Company Cause 5 of 2020; Miscellaneous Cause 43 of 2020) [2024] UGHCCD 58 (27 April 2024)

Court

HC: Civil Division (Uganda)

Case number

Company Cause 5 of 2020 ; Miscellaneous Cause 43 of 2020

Judge

Elubu, J

The High Court dismissed Jomayi’s bid to extend time to challenge a statutory demand and ordered winding up, finding the demand was properly served and the debt undisputed.

• Insolvency Proceedings
• Statutory Demand
• Winding Up Petition
• Consent Judgment Enforcement
• Company Debt
• Service Of Process

Kenlloyd Logistics Uganda Limited v Total Uganda Limited

Kenlloyd Logistics Uganda Limited v Total Uganda Limited (Miscellaneous Application 1760 of 2021) [2022] UGCommC 131 (5 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 1760 of 2021

Judge

Stephen Mubiru, J

The High Court refused to stay execution of a consent decree, holding that the applicant’s pending libel suit did not justify suspension of recovery of the commercial debt.

• Stay Of Execution
• Consent Judgment
• Garnishee Orders
• Libel Claims
• Insolvency Proceedings
• Stay-of-execution

Bank of India (U) Limited v NC Beverages Limited and Another

Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit No. 9 of 2021) [2022] UGCommC 33 (21 March 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 9 of 2021

Judge

Stephen Mubiru, J

The High Court held that URA’s distress and sale were void after liquidation commenced, and upheld the bank’s right as secured creditor to foreclose and take possession.

• Secured Transactions
• Priority Of Creditors
• Foreclosure
• Insolvency Proceedings
• Winding Up
• Remedies For Default

Bank of India (U) Limited v NC Beverages Limited and Another

Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit Originating Summons 9 of 2021) [2022] UGCommC 123 (21 March 2022)

Court

Commercial Court of Uganda

Case number

Civil Suit Originating Summons 9 of 2021

Judge

Stephen Mubiru, J

The court held that the dispute was not a tax dispute within the exclusive jurisdiction of the Tax Appeals Tribunal, as it did not concern a challenge to a tax assessment or decision under a taxing Act, but rather the priority of a secured creditor's rights over those of the tax authority in insolvency. The plaintiff's floating charge crystallised upon the filing of the winding up petition, giving the plaintiff a proprietary interest in the charged assets. The URA's distress and sale of the assets after the commencement of liquidation proceedings were illegal and void under section 97(1)(c) o…

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• Secured Transactions
• Insolvency Proceedings
• Priority Of Creditors
• Foreclosure
• Distress For Taxes
• Winding Up

ZTE Corporation v Uganda Telecom Ltd (H.C.Miscellaneous Application No. 866 of 2020)

ZTE Corporation v Uganda Telecom Ltd (H.C.Miscellaneous Application No. 866 of 2020) [2021] UGCommC 111 (19 August 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 866 of 2020

Judge

Gaswaga, J

The High Court refused leave to continue a monetary claim against Uganda Telecom Ltd in administration, holding the applicant was bound by the statutory moratorium.

• Insolvency Proceedings
• Administration Deeds
• Leave To Continue Proceedings
• Creditor Rights
• Statutory Moratorium
• Insolvency-proceedings

Ndugga v Kabito and Anor (Receivers of Spencon Services Limited in Receivership)

Ndugga v Kabito and Anor (Receivers of Spencon Services Limited in Receivership) (Miscellaneous Cause No. 219 of 2020) [2021] UGHCCD 3 (4 February 2021)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 219 of 2020

Judge

Nambayo, J

The court held that the Insolvency Act, 2011 prescribes a mandatory order of priority for payment of creditors in insolvency, with secured and preferential creditors to be satisfied before any payment to unsecured creditors. The applicant, being an unsecured creditor, cannot be paid ahead of secured creditors regardless of his personal circumstances. The court emphasized that while Article 126(2) of the Constitution calls for substantive justice, it is expressly subject to the law, and the statutory scheme cannot be circumvented by judicial discretion. The court found that the application sou…

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• Insolvency Proceedings
• Priority Of Creditors
• Unsecured Creditors
• Receivership
• Statutory Distribution Scheme