Medipharm Sales Limited v Mirza (Miscellaneous Application 780 of 2023) [2024] UGCommC 87 (13 March 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 780 of 2023
Judge
Mutesi, J
The application for review was found competent because the completion of execution does not preclude the court from addressing potential injustices or errors in the execution process. However, upon examination of the record, the court found no error apparent on the face of the record regarding the apportionment of costs. The law provides that, unless otherwise specified, parties against whom costs are awarded are jointly and severally liable, allowing the judgment creditor to recover the full amount from any one debtor. The alleged unfairness in execution against the applicant alone does not…
Ntwatwa Jackson v Attorney General & 3 Others (Civil Suit 136 of 2014) [2023] UGHCCD 371 (31 March 2023)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit 136 of 2014
Judge
Phillip Odoki, J
The High Court found the plaintiff was unlawfully arrested, detained, and battered by the 2nd, 3rd and 4th defendants, but dismissed the claim against the Attorney General.
Mutange v Afromix Construction Limited and Another (Civil Suit 118 of 2020) [2023] UGHCLD 250 (23 January 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 118 of 2020
Judge
Kaahwa, J
The High Court found the defendants breached a land sale agreement by failing to process title transfer after payment, and granted specific performance, damages, interest, and costs.
Paramal Patel and 2 Others v Uganda Medium Industries Limited (Civil Appeal 268 of 2018) [2021] UGCA 220 (28 October 2021)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 268 of 2018
Judge
Barishaki-Cheborion, JA, Musota, JA, Madrama Izama, JA
The Court of Appeal found that Uganda Medium Industries Ltd was the lawful tenant of the premises, not Edirisa Karenget Musiwa personally. The evidence, including rent receipts and correspondence, established the respondent's tenancy. The company, as a registered legal entity, could own property and enter into tenancy agreements. The actions of the appellants—locking the premises and taking property in distress for rent—were unlawful and in contravention of the Distress for Rent (Bailiffs) Act, as the 2nd appellant lacked the required certificate. The damages suffered by the respondent were c…
The Supreme Court of Uganda upheld Sowedi Serinyina’s conviction and 33-year sentence for murder and aggravated robbery, finding corroboration for co-accused confessions.
Stanbic Bank Uganda Ltd v Kiryowa & Anor (Civil Suit No. 475 of 2013) [2016] UGCommC 91 (10 October 2016)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 475 of 2013
The court found that the land pledged as security and valued for the loan was indeed the 1st defendant's land, as evidenced by the certificate of title and absence of proof of collusion or fraud. The defendants utilized the loan but failed to repay, resulting in the plaintiff exercising its power of sale over the mortgaged property. Although the property was sold below the initial valuation, there was no evidence that the sale was challenged or set aside, and the defendants did not object to the sale. The plaintiff did not recover the full loan amount from the sale and is entitled to the outs…
Dungu v Non-Performing Assets Recovery Trust (NPERT) (Civil Application No. 61 of 2003) [2015] UGCA 23 (4 March 2015)
Court
Court of Appeal of Uganda
Case number
Civil Application No. 61 of 2003
Judge
Kakuru, JA, Mwondha, JA, Kasule, JA
The Court of Appeal found that the Tribunal erred in entering judgment against the appellant for the same sum already covered by a consent decree against the first defendant, resulting in prejudice to the appellant. The Tribunal failed to properly evaluate the evidence regarding the appellant's role in the disbursement of funds, as there was no proof that the appellant ordered disbursement before security documents were executed. The Court held that Regulation 1 of the NPART Statute did not apply to the special circumstances of the loan, which was governed by government and World Bank agreeme…
Dr. Chebrot and Another v Central Purchasing Company Limited (Civil Appeal 77 of 2003) [2007] UGCA 74 (19 June 2007)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 77 of 2003
Judge
Mukasa-Kikonyogo, DCJ, Twinomujuni, JA, Kitumba, JA
The Court of Appeal held that a continuing guarantee was enforceable despite the limitation argument, upheld liability for the reduced balance, and dismissed the appeal.