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Uganda decisions
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Post Bank (U) Limited v Kato Eco Farming Limited and Another (Civil Suit No. 251 of 2020) [2022] UGCommC 76 (31 August 2022)
The High Court in Commercial Division partly upheld Post Bank’s claim arising from loan advances to contract farmers, awarding special and general damages, interest, and costs.
Uganda Micro Enterprises Association Ltd and Anor v The Micro Finance Support Centre Ltd (HCT-00-CC-MA 125 of 2005) [2005] UGCommC 27 (6 June 2005)
The court found that the applicants raised bona fide triable issues regarding the liability of the 2nd and 3rd defendants as alleged guarantors and the accuracy of the sums claimed by the plaintiff. The court held that these matters could not be determined summarily and required oral evidence. The existence of correspondence from the Office of the President and the challenge to the figures and terms of the contract further demonstrated the need for a full trial. Consequently, unconditional leave to appear and defend was granted, as the applicants had shown a reasonable ground of defence to th…
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Bank of Uganda v Banco Arabe Espanol (Civil Appeal 8 of 1998) [1997] UGSC 5 (31 December 1997)
The Supreme Court held that the loan agreement was valid and enforceable against the Bank of Uganda as guarantor. The Bank's representative had a valid, sealed power of attorney, which satisfied the requirements for corporate execution. The Attorney General's legal opinion, expressly made a condition precedent in the agreement, validated the contract's legality and enforceability. The Bank's subsequent admissions of liability, including written communications acknowledging the debt, estopped it from denying its obligations. The alleged variations in repayment terms and extensions were either…
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