Uganda Case Law

Farm Uganda Farmers Group Limited and 2 Others v Stanbic Bank Uganda Limited

Farm Uganda Farmers Group Limited and 2 Others v Stanbic Bank Uganda Limited (Miscellaneous Application 777 of 2023) [2023] UGCommC 76 (20 September 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 777 of 2023

Judge

Kahigi Asiimwe, J

The court found that the applicants failed to demonstrate a bona fide triable issue of fact or law to justify granting unconditional leave to appear and defend the summary suit. The applicants' dispute over the amount owed was unsupported by evidence, as they did not prove payment of the disputed UGX 27,000,000. The court held that the applicants' claim against a third party (M/S Blue Cup Company Ltd) did not affect their direct obligation to the respondent under the loan agreement, as the respondent was not a party to the third-party arrangements and had not received instructions to deduct f…

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• Summary Suits
• Leave To Defend
• Loan Repayment Disputes
• Guarantees
• Bank Customer Relationships

Farm Uganda Farmers Group Limited and 2 Others v Stanvic Bank of Uganda Limited

Farm Uganda Farmers Group Limited and 2 Others v Stanvic Bank of Uganda Limited (Miscellaneous Application 777 of 2023) [2023] UGCommC 67 (20 September 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 777 of 2023

Judge

Kahigi Asiimwe, J

The court found that the applicants failed to demonstrate a bona fide triable issue of fact or law. The applicants did not provide evidence of payment of the disputed UGX 27,000,000, nor did they prove that the respondent was party to or aware of the arrangements with the third party, M/s Blue Cup Company Ltd. The loan agreement was strictly between the applicants and the respondent, and there was no evidence of instructions to the respondent to deduct funds from any joint account. The applicants' claim against the third party did not constitute a defence to the respondent's claim, as any suc…

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• Summary Suits
• Leave To Defend
• Loan Repayment Disputes
• Guarantees
• Bank Customer Relationships

Hofokam v Tweyambe

Hofokam v Tweyambe (Civil Appeal No. 1 of 2021) [2022] UGHC 69 (17 August 2022)

Court

High Court of Uganda

Case number

Civil Appeal No. 1 of 2021

Judge

Mugabo, J

First appeal over a loan dispute dismissed. The High Court upheld findings that the respondent had repaid the loan, was entitled to security documents, and received justified damages.

• Loan Repayment Disputes
• Security For Loans
• Agency Liability
• General Damages Award
• Loan-repayment-disputes
• Security-for-loans

Busonya & 2 Ors v Giruli

Busonya & 2 Ors v Giruli [2018] UGSC 50 (28 September 2018)

Court

Supreme Court of Uganda

The Supreme Court upheld a retrial order, holding that unsealed annexures were a curable procedural irregularity and that the Court of Appeal properly re-evaluated the evidence.

• Affidavit Defects
• Mortgage Enforcement
• Loan Repayment Disputes
• Procedural Irregularity
• Fraud Pleading
• Retrial Orders

Bugiri High School Ltd & 2 Ors v DFCU Bank Ltd

Bugiri High School Ltd & 2 Ors v DFCU Bank Ltd (Miscellaneous Application No. 984 of 2015) [2017] UGCommC 144 (2 November 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 984 of 2015

The court found that service of summons was effectively carried out on the 2nd applicant, who was a director and principal officer of the company, in accordance with Order 29 Rules 1 and 2 of the Civil Procedure Rules. The applicants failed to provide evidence that the 2nd applicant was not authorized or had ceased to be a director. The process server's affidavit confirmed service at the company's premises and acknowledgment by the director. The applicants did not demonstrate any sufficient cause, such as illness, mistake, or ignorance of procedure, that prevented their appearance. The court…

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• Setting Aside Default Judgment
• Service Of Summons
• Corporate Liability
• Loan Repayment Disputes

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016)

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016) [2017] UGHCCD 132 (31 October 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – CA – 0019 OF 2016

Judge

Ojok, J

The High Court dismissed Equity Bank’s appeal, upheld the trial court, and affirmed damages and dismissal of the bank’s counterclaim over a disputed loan account.

• Loan Repayment Disputes
• Security For Loans
• Bank Liability
• Damages For Wrongful Advertisement
• Banking-and-finance
• Loan-repayment-disputes

Ultra Cellular Services (U) Ltd & 2 Ors v Stanbic Bank (U) Ltd

Ultra Cellular Services (U) Ltd & 2 Ors v Stanbic Bank (U) Ltd (Miscellaneous Application No. 504 of 2015) [2016] UGCommC 37 (8 April 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 504 of 2015

The High Court dismissed an application to set aside a consent judgment, finding no proven duress or lack of authority and no prejudice from late service.

• Setting Aside Consent Judgment
• Authority Of Company Directors
• Duress In Contracts
• Company Resolution Requirements
• Loan Repayment Disputes
• Setting-aside-consent-judgment

Pavement Civil Works Ltd v Kiyingi & Anor (Misc.Aoo.No.416 Of 2002) (Misc.Aoo.No.416 of 2002)

Pavement Civil Works Ltd v Kiyingi & Anor (Misc.Aoo.No.416 Of 2002) (Misc.Aoo.No.416 of 2002) [2002] UGHC 98 (15 October 2002)

Court

High Court of Uganda

Case number

Misc.Aoo.No.416 of 2002

Judge

Okumu Wengi, J

The High Court dismissed an application to set aside a consent order, finding no new evidence and noting the wrong procedural provision had been cited.

• Review Of Consents
• Loan Repayment Disputes
• Summary Suit Decrees
• Review-of-consent-orders
• Summary-suits
• Civil-procedure