Turyamureeba v Bagaza (Civil Appeal 2 of 2022) [2024] UGHC 380 (29 May 2024)
Court
High Court of Uganda
Case number
Civil Appeal 2 of 2022
Judge
Joyce Kavuma, J
The High Court dismissed a civil appeal over a UGX 8,000,000 debt, upholding the trial court’s finding that the written agreement was valid and enforceable.
Mpanga and Another v Sebugwawo and Another (Civil Suit 436 of 2016) [2023] UGHCLD 381 (8 November 2023)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 436 of 2016
Judge
Nkonge, J
The court held that the existence of an arbitration clause in the memorandum of understanding is not disputed. The challenge to its enforceability based on the alleged illegality of the underlying contract does not automatically render the arbitration clause invalid. Section 16(1)(a) of the Arbitration and Conciliation Act provides that an arbitration clause is independent of the other terms of the contract, and its validity is not affected by a decision that the contract is null and void. The court further relied on precedent to affirm that disputes about the validity of the contract itself…
The Board of Governors Rwenzori College of Commerce v Muliwabyo (Miscellaneous Application No. 83 of 2021) [2023] UGHC 17 (23 January 2023)
Court
High Court of Uganda
Case number
Miscellaneous Application No. 83 of 2021
Judge
Wagona, J
The High Court granted the applicant unconditional leave to appear and defend, finding bona fide triable issues about the alleged debt, blank cheque, and payments made.
Kityo Sempanda and 2 Others v U- Turn serves Limited and Another (Civil Suit No. 397 of 2011) [2022] UGHCLD 126 (18 May 2022)
Court
HC: Land Division (Uganda)
Case number
Civil Suit No. 397 of 2011
Judge
Nkonge, J
The court found that the transaction between the late Sempanda Semakula and the defendants was, in substance, a loan secured by the deposit of the certificate of title, not a sale. The defendants failed to produce any written sale agreement or credible evidence to prove a genuine sale. The plaintiffs, though lacking a written loan agreement, provided receipts and credible oral testimony supporting the loan arrangement. The 2nd defendant's conduct, including shifting explanations and failure to produce relevant documents, was inconsistent with a bona fide sale and indicative of fraud. The cour…
Patel & Anor v Kabujeeme & 2 Ors (Civil Suit No. 398 of 2012) [2015] UGCommC 130 (18 August 2015)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 398 of 2012
The High Court held that the parties had a valid contract, rejected the moneylender illegality defence, found breach, and awarded the plaintiffs the balance due, damages, interest, and costs.
Patel v Joshi (Civil Appeal No. 39 of 1951) [1952] EACA 42 (1 January 1952)
Court
East African Court of Appeal
Case number
Civil Appeal No. 39 of 1951
Judge
Hearne CJ, Nihill P, Worley VP
The Court of Appeal for Eastern Africa dismissed an appeal over refusal to amend pleadings in a money dispute, holding the proposed shift in case was not bona fide.