Uganda Case Law

Security Group Uganda Limited v Finasi-Ishu Construction SPV-Limited

Security Group Uganda Limited v Finasi-Ishu Construction SPV-Limited (Civil Suit 829 of 2023) [2024] UGCommC 40 (22 March 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 829 of 2023

Judge

Tumusiime Rubagumya, J

The court found that the contract contained both an arbitration clause (clause 16) and a general jurisdiction clause (clause 14), but held that the arbitration clause was specific and mandatory regarding dispute resolution. The court determined that clause 16 was not hopelessly defective, inoperative, or incapable of being performed, and that the parties had not abandoned their right to arbitrate. The Arbitration and Conciliation Act restricts court intervention and mandates referral to arbitration where a valid agreement exists. The court emphasized the principle of party autonomy and public…

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• Arbitration Agreement
• Contractual Dispute Resolution
• Preliminary Objection
• Jurisdictional Challenge

Central Bank of Kenya v Pontrilas Investments Limited and Another (Appeal No.3 of 2020)

Central Bank of Kenya v Pontrilas Investments Limited and Another (Appeal No.3 of 2020) [2021] EACJ 36 (18 November 2021) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal No.3 of 2020

Judge

Kayobera P, Kiryabwire VP, Mjasiri JA, M'lnoti JA, Mugeni JA

The appellate division found that the trial court did not commit any procedural irregularity in its handling of document production, witness summons, or amendments to pleadings. The court held that the issue of whether the Central Bank of Kenya is an institution of the East African Community is a mixed question of law and fact, properly deferred to the substantive hearing of the reference. The trial court's exercise of discretion under Rule 66 to order production of specific documents and to summon the Head of Supervision was within its powers and not irregular, especially as the documents we…

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• Bank Supervision Liability
• Deposit Protection
• Procedural Irregularity
• Jurisdictional Challenge
• Document Production
• Witness Summons

Bank One Limited v Simbamanyo Estates Limited

Bank One Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020) [2021] UGCommC 124 (27 September 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 645 of 2020

Judge

Musa Ssekaana, J

The High Court set aside an interlocutory judgment after finding sufficient cause from Covid-19 disruption, and held the affidavit and jurisdictional challenge were arguable.

• Setting Aside Interlocutory Judgment
• Forum Non Conveniens
• Corporate Banking Disputes
• Jurisdictional Challenge
• Covid 19 Procedural Delay
• Setting-aside-interlocutory-judgment

Bankone Limited v Simbamanyo Estates Limited

Bankone Limited v Simbamanyo Estates Limited (Miscellaneous Application 645 of 2020) [2021] UGCommC 178 (27 September 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 645 of 2020

Judge

Stephen Mubiru, J

The High Court set aside an interlocutory judgment after finding sufficient cause for delay, an arguable jurisdictional challenge, and that the judgment had been entered under the wrong rule.

• Setting Aside Interlocutory Judgment
• Forum Non Conveniens
• Affidavit Authority
• Delay And Sufficient Cause
• Jurisdictional Challenge
• Setting-aside-interlocutory-judgment

Mugisha v Babirye & Ors

Mugisha v Babirye & Ors (Civil Suit No. 22 of 2014) [2015] UGHCLD 19 (7 July 2015)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 22 of 2014

Judge

Luswata, J

The High Court dismissed a land suit as frivolous and vexatious, holding that the plaintiff could not use a fresh action to attack a prior decree and execution without first setting them aside.

• Fraudulent Land Sale
• Mortgage Disputes
• Execution Of Decree
• Summary Judgment
• Cause Of Action
• Jurisdictional Challenge

Wasswa v Moulders (U) Ltd (High Court Miscellaneous Application No. 999 of 2014)

Wasswa v Moulders (U) Ltd (High Court Miscellaneous Application No. 999 of 2014) [2015] UGCommC 142 (1 June 2015)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 999 of 2014

The High Court granted the applicant unconditional leave to defend, finding two bona fide triable issues: jurisdiction and validity of the mortgage over disputed matrimonial property.

• Summary Procedure
• Leave To Defend
• Jurisdictional Challenge
• Mortgage Dispute
• Matrimonial Property
• Spousal Consent

Attorney General of Republic of Uganda v East African Law Society and Others (Application No. 7 of 2012)

Attorney General of Republic of Uganda v East African Law Society and Others (Application No. 7 of 2012) [2013] EACJ 148 (14 February 2013) (First Instance Division)

Court

East African Court of Justice

Case number

Application No. 7 of 2012

Judge

Busingye PJ, Butasi J, Lenaola J

The court stayed proceedings in a reference pending an appeal on limitation issues, to avoid conflicting decisions and preserve the interests of justice.

• Stay Of Proceedings
• Limitation Periods
• Jurisdictional Challenge
• Abuse Of Process
• Stay-of-proceedings
• Limitation-periods