Uganda Case Law

Strabag International GMBH v Araku & Araku

Strabag International GMBH v Araku & Araku (Miscellaneous Application 103 of 2022) [2024] UGHC 529 (12 June 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 103 of 2022

Judge

Acellam, J

The court found that the applicant had established sufficient grounds to join Idro Luke Araku as a third party. The lease agreement between the applicant and the intended third party, in which the third party warranted authority and indemnity, created a direct right to indemnity for the applicant. The subject matter and cause of action between the applicant and the third party were the same as those between the plaintiff and the defendant. The court determined that joining the third party would enable a full and final determination of the dispute and prevent multiplicity of suits. The applica…

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• Third Party Procedure
• Indemnity Claims
• Lease Disputes

Weldetinsae v Bekunda & Another

Weldetinsae v Bekunda & Another (Miscellaneous Cause 9 of 2024) [2024] UGCommC 134 (15 May 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 9 of 2024

Judge

Tumusiime Rubagumya, J

The High Court granted an interim injunction preserving a leased property pending arbitration, finding a serious dispute, irreparable harm, and balance of convenience in the applicant's favor.

• Arbitration Agreements
• Interim Injunctions
• Lease Disputes
• Specific Performance
• Compensation For Premature Termination
• Arbitration

St. Balikuddembe Market Stalls, Space and Lock-Up Shop Owners Association Limited (SSLOA) v Kampala Capital City Authority

St. Balikuddembe Market Stalls, Space and Lock-Up Shop Owners Association Limited (SSLOA) v Kampala Capital City Authority (CIVIL SUIT NO. 353 OF 2018) [2020] UGHCCD 1 (5 February 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 353 OF 2018

Judge

Musa Ssekaana, J

The court found that the defendant unequivocally admitted receipt of UGX 4,200,000,000 from the plaintiff for a lease it could not grant, constituting a total failure of consideration and breach of contract. The plaintiff had obtained a commercial loan to pay the defendant, incurring interest and related expenses. The court held that the defendant was liable to refund the loan amount and compensate the plaintiff for interest at the prevailing bank rate, legal fees, and loss of property resulting from the defendant's breach. The court rejected the defendant's arguments regarding lack of privit…

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• Breach Of Contract
• Specific Performance
• Restitution
• Damages Assessment
• Lease Disputes
• Unjust Enrichment

Catherine Cliff v Ssempebwa

Catherine Cliff v Ssempebwa (Miscellaneous Application 168 of 2016) [2016] UGCA 106 (24 August 2016)

Court

Court of Appeal of Uganda

Case number

Miscellaneous Application 168 of 2016

Judge

Kasule, JA

The Court of Appeal granted an interim order preserving possession of a disputed leasehold property pending appeal and a related High Court suit.

• Interim Injunctions
• Lease Disputes
• Re-entry
• Possession Orders
• Interim-injunctions
• Lease-disputes

Mohanlal Kakubhai v Warid telcom. ug

Mohanlal Kakubhai v Warid telcom. ug (Civil Suit Not. 0224 of 2011) [2014] UGHCLD 6 (25 February 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit Not. 0224 of 2011

Judge

Bashaija, J

The High Court found Warid Telecom liable for trespass on Plot 106B, awarded special and general damages, and held the plaintiff had proved loss from blocked access.

• Trespass To Land
• Damages Assessment
• Beneficial Ownership
• Access Rights
• Lease Disputes
• Trespass-to-land

DFCU Leasing Co Ltd v Nasolo Farida (HCT-00-CC-MA 105 of 2008)

DFCU Leasing Co Ltd v Nasolo Farida (HCT-00-CC-MA 105 of 2008) [2008] UGCommC 40 (18 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 105 of 2008

The court found that although the applicant alleged the respondent's indebtedness as a basis for staying execution of taxed costs, the applicant had not filed any counterclaim or suit for recovery of the alleged sum in the pending main suits. The only relief sought by the applicant in those suits was dismissal with costs, not recovery of money. The court emphasized that parties are bound by their pleadings, and in the absence of a counterclaim, no set-off could arise. The court also noted that the order for costs in Misc. Application No. 74 of 2007 was not made to be dependent on the outcome…

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• Stay Of Execution
• Costs Awards
• Set Off
• Pleadings
• Lease Disputes

Babumba & 2 Ors v Bunju

Babumba & 2 Ors v Bunju (Civil Suit No. 679/90) [1990] UGHC 15 (20 September 1990)

Court

High Court of Uganda

Case number

Civil Suit No. 679/90

Judge

Okello, J

The High Court granted a temporary injunction preserving the plaintiffs’ occupation of leased premises pending trial, finding a prima facie case, irreparable harm, and balance of convenience.

• Temporary Injunctions
• Lease Disputes
• Breach Of Covenant
• Eviction
• Status Quo Preservation
• Temporary-injunctions

Bank of Uganda v Maluku Inter Globle Trade

Bank of Uganda v Maluku Inter Globle Trade (CIVIL SUIT No. 950 OF 1988) [1989] UGHCCD 1 (23 February 1989)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 950 OF 1988

Judge

Kato, J

The High Court held that the Bank of Uganda was the lawful leasee of Plot 30 in Mbale. Fraud was not proved, but rent and mesne profits were rejected.

• Lease Disputes
• Fraud In Property Transactions
• Eviction And Vacant Possession
• Burden Of Proof
• Mesne Profits
• Counterclaim Remedies