Uganda Case Law

Magembe David v Ssemaganda Wilber

Magembe David v Ssemaganda Wilber (Miscellaneous Application No. 1052 of 2024) [2025] UGHCCD 59 (15 May 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 1052 of 2024

Judge

Simon Peter M. Kinobe, J

The applicant failed to demonstrate any bonafide triable issue of fact or law to justify leave to appear and defend the summary suit. Both parties admit the existence of two land sale agreements and the payment of UGX 65,000,000, but the applicant was neither the owner nor in possession of the land sold. The respondent's claim is for a liquidated sum, and the applicant's assertions are adequately answered by the evidence. The court cannot ignore the illegality of selling land not owned by the seller. Allowing the applicant to defend would be a waste of judicial resources and an abuse of proce…

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• Summary Suit Procedure
• Leave To Defend
• Liquidated Claims
• Contract Breach
• Illegality In Land Sale

Platinum Credit (U) Ltd v Karuhanga Julius Tusiime

Platinum Credit (U) Ltd v Karuhanga Julius Tusiime (Civil Suit 353 of 2024) [2025] UGCommC 114 (14 May 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 353 of 2024

Judge

Susan Odongo, J

The High Court entered summary judgment for Platinum Credit (U) Ltd after the defendant failed to prosecute leave-to-defend proceedings and no triable issue was shown.

• Loan Agreements
• Summary Procedure
• Liquidated Claims
• Mortgage Security
• Summary-procedure
• Loan-agreements

Mulindwa Nathan v Kiboko Enterprises Limited

Mulindwa Nathan v Kiboko Enterprises Limited (Miscellaneous Application No. 2471 of 2024) [2025] UGCommC 172 (7 May 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 2471 of 2024

Judge

Ocaya, J

The High Court granted the applicant unconditional leave to defend a summary commercial claim, finding triable issues over contract termination, disputed sums, and a proposed counterclaim.

• Summary Procedure
• Leave To Defend
• Breach Of Contract
• Liquidated Claims
• Summary-procedure
• Leave-to-defend

Illumina (U) Limited v Mukama

Illumina (U) Limited v Mukama (Miscellaneous Application 2251 of 2023) [2023] UGCommC 140 (15 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2251 of 2023

Judge

Tumusiime Rubagumya, J

The Applicant failed to raise any bona fide triable issue of fact or law to warrant leave to appear and defend the summary suit. The evidence, including an undisputed acknowledgment of debt signed by the Applicant's Managing Director, established that the Applicant was indebted to the Respondent in the claimed sum. The assertion that the transaction was unauthorized was unsupported, and no evidence was provided to show the director lacked authority or that the board had disassociated itself from the transaction. The Court found that the Applicant's arguments were general denials intended to a…

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• Summary Procedure
• Leave To Defend
• Company Director Authority
• Liquidated Claims
• Costs Award

Standard Chartered Bank (U) Limited v Kerito

Standard Chartered Bank (U) Limited v Kerito (Miscellaneous Civil Application 2267 of 2023) [2023] UGCommC 133 (8 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application 2267 of 2023

Judge

Ocaya, J

The High Court set aside a dismissal order after finding proof of substituted service, then entered default judgment for the bank on a liquidated claim.

• Setting Aside Dismissal
• Default Judgment
• Service Of Summons
• Liquidated Claims
• Costs Award
• Setting-aside-dismissal

Kollo Auto Agencies Limited v Stanbic Bank (U) Limited

Kollo Auto Agencies Limited v Stanbic Bank (U) Limited (Miscellaneous Application 169 of 2023) [2023] UGCommC 207 (30 August 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 169 of 2023

Judge

Mutesi, J

The application raises a bonafide triable issue regarding the existence and accuracy of the claimed debt. The Respondent failed to provide sufficient documentation, such as loan account statements and details of interest rates and charges, to substantiate how the principal sums disbursed accumulated to the claimed amount. The Applicant's challenge to the calculation and existence of the debt, coupled with the lack of supporting evidence from the Respondent, means the matter is not clear and straightforward and warrants a full trial. Therefore, unconditional leave to appear and defend the main…

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• Summary Procedure
• Leave To Defend
• Credit Facilities Dispute
• Liquidated Claims
• Security Perfection
• Set Off

Deox Tibengana T/A (Tibengana and Company Advocates) v Centenary Rural Development Bank Limited

Deox Tibengana T/A (Tibengana and Company Advocates) v Centenary Rural Development Bank Limited (Miscellaneous Application 872 of 2021) [2023] UGCommC 89 (17 February 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 872 of 2021

Judge

Abinyo, J

The Applicant failed to provide evidence of the alleged payments and did not raise any bona fide triable issue of fact or law. The assertions made were found to be mere denials of liability without substantiation. The court held that the Applicant does not have a plausible defence to the Respondent's claim for the outstanding loan amount. Accordingly, the application for unconditional leave to appear and defend was dismissed, and judgment was entered for the Respondent for the liquidated sum claimed, with interest and costs awarded.

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• Summary Procedure
• Leave To Defend
• Loan Agreements
• Liquidated Claims

Deox Tibeingana t/a Tibeingana & Co. Advocates v Centenary Rural Development Bank Ltd

Deox Tibeingana t/a Tibeingana & Co. Advocates v Centenary Rural Development Bank Ltd (Miscellaneous Application No. 872 of 2021) [2023] UGCommC 14 (17 February 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 872 of 2021

Judge

Abinyo, J

The court found that the applicant failed to provide evidence of the alleged payments towards the loan and that his assertions were intended merely to deny liability. The applicant did not raise any bona fide triable issue of fact or law or present a plausible defence to the respondent's claim. The court held that the requirements for granting leave to appear and defend under Order 36 of the Civil Procedure Rules were not met. Consequently, the application for leave to appear and defend was dismissed, and judgment was entered for the respondent for the sum claimed, with interest and costs.

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• Summary Procedure
• Leave To Defend
• Loan Repayment Dispute
• Liquidated Claims

David Lugya and Another v Admark Management Services Ltd

David Lugya and Another v Admark Management Services Ltd (Miscellaneous Civil Application No. 7 of 2020) [2022] UGHC 18 (1 November 2022)

Court

High Court of Uganda

Case number

Miscellaneous Civil Application No. 7 of 2020

Judge

Nakachwa, J

The High Court granted the applicants unconditional leave to defend a summary suit, finding that repayment evidence and the disputed balance raised triable issues.

• Summary Suit Procedure
• Leave To Defend
• Loan Agreement Dispute
• Liquidated Claims
• Triable Issues
• Contract Performance

Simbamanyo Estates Limited v Equity Bank Uganda Limited and 2 Others

Simbamanyo Estates Limited v Equity Bank Uganda Limited and 2 Others (Miscellaneous Application 660 of 2022) [2022] UGCommC 164 (8 August 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 660 of 2022

Judge

Stephen Mubiru, J

The High Court dismissed an application for accounts and an independent auditor, holding the dispute concerned liquidated banking items and unresolved preliminary issues.

• Accounts Of Banking Transactions
• Debtor Creditor Relationship
• Appointment Of Expert
• Preliminary Questions
• Fiduciary Duty In Banking
• Liquidated Claims