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Uganda decisions
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Norasa Technical Services Ltd and Others v Centenary Rural Development Bank (Miscellaneous Application No. 1443 of 2024) [2025] UGCommC 211 (8 July 2025)
The High Court granted applicants leave to defend a summary suit after finding a bona fide dispute over the loan balance and interest claimed by the bank.
Wasajja Timothy and Another v Finance Trust Bank Limited (Miscellaneous Application No. 1061 of 2025) [2025] UGCommC 176 (17 June 2025)
The High Court granted conditional leave to defend a summary suit over a disputed bank loan, finding triable issues about the amount due and related defenses.
Geomax Engineering Limited and Others v HCB Financial Services Limited (Miscellaneous Application No. 2349 of 2024) [2025] UGCommC 93 (16 May 2025)
The court found that the applicants had raised genuine disputes regarding the amount borrowed, the nature of the agreement between the parties, and the interest rates charged. These contentions constitute triable issues of fact and law, particularly as to whether the respondent inflated the claim and whether the agreement was a deed of assignment or a money lending contract. The applicants also challenged the capacity in which the 2nd and 3rd applicants were sued and the unconscionability of the interest rates. Applying the principles under Order 36 of the Civil Procedure Rules and the author…
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Allan Lwanga v I & M Bank (Uganda) Limited (Miscellaneous Application No. 1022 of 2024) [2025] UGCommC 138 (28 March 2025)
The High Court dismissed Allan Lwanga’s bid to set aside a default decree and obtain leave to defend, finding substituted service valid, no good cause, and no triable issue.
Musinguzi and Another v Yahya (Miscellaneous Application 10 of 2025) [2025] UGCommC 43 (4 March 2025)
The court found that the applicants failed to prove any ground warranting the setting aside of the consent judgment. There was no evidence of misrepresentation by the respondent, as any alleged misadvice came from the applicants' own counsel and not the respondent. The applicants' mistaken belief about the debt was not shown to be known or exploited by the respondent, and any mistake was based on personal opinion rather than a palpable, factual error. Regarding limitation, the court held that part payments made by the applicants, particularly the payment on 2nd December, 2020, restarted the l…
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Nanzaala v Virunga Finances Limited (Miscellaneous Application 2558 of 2023) [2024] UGCommC 205 (30 July 2024)
The court found that the main suit was filed nearly seven years after the cause of action arose, exceeding the six-year limitation period for contractual claims under the Limitation Act. The Respondent's arguments that negotiations or partial payments extended the limitation period were rejected, as there was no evidence of an express agreement to delay filing or written acknowledgment of liability. The court held that statutes of limitation are strict and inflexible, and the Respondent failed to justify the late filing. As a result, the main suit was incompetent for being time-barred, and gr…
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Odeng v Equity Bank Uganda Limited (Miscellaneous Application 568 of 2024) [2024] UGCommC 204 (17 July 2024)
The court found that the Applicant failed to provide any credible evidence to support his claims of forgery or that he only received UGX 70,000,000. The Respondent's documentary evidence, including the executed offer letter and bank statements, established that the Applicant received and utilized the full loan amount of UGX 150,000,000. The Applicant's assertions were unsubstantiated and contradicted by the evidence on record. The court concluded that the Applicant's intended defence was a sham, lacking any plausible or bona fide triable issue, and that granting leave to defend would only ser…
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Greater Busoga Sugarcane Growers Co-operative Union v The Chairman Board of Directors, Uganda Development Corporation & 3 Others (Miscellaneous Application 129 of 2024) [2024] UGHCCD 84 (17 May 2024)
The High Court dismissed an application for temporary injunction, holding that the dispute arose from a private loan agreement and was not fit for judicial review.
Kitongo & Another v Lystra Investment Limited (Miscellaneous Application 544 of 2023) [2023] UGCommC 258 (19 September 2023)
The court found that the applicants were effectively served with summons and failed to file an application for leave to appear and defend within the stipulated ten days. The applicants did not provide sufficient evidence to prove that they had instructed counsel to file the necessary application, nor did they demonstrate any other good cause for their failure. The pending application for extension of time was not served or disposed of before the entry of default judgment, but the rules do not provide that such an unserved application suspends the requirement to file for leave within the presc…
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Fountain Publishers Ltd and Ors v Prime Finance Co.Ltd (Miscellaneous Application No. 1066 of 2020) [2022] UGCommC 6 (24 January 2022)
The High Court granted consolidation of two related commercial suits over separate loans, finding common issues of fact and law and overruling a preliminary objection.
