Uganda Case Law

Equity Bank Uganda Limited & 2 Others v Nassiwa

Equity Bank Uganda Limited & 2 Others v Nassiwa (Civil Appeal 9 of 2020) [2023] UGCommC 198 (23 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Appeal 9 of 2020

Judge

Mutesi, J

The appeal was filed and served out of time, contrary to Section 79(1)(a) of the Civil Procedure Act and the relevant Civil Procedure Rules. The appellants did not seek leave to file or serve the appeal out of time, nor did they apply to validate the late filing and service. The failure to extract a decree before lodging the appeal is no longer fatal due to the constitutional directive to administer substantive justice without undue regard to technicalities. Abatement rules under Order 17 do not apply to appeals. The memorandum of appeal was validly signed and filed, curing any defect in the…

Source excerpt

• Appeal Timeliness
• Service Of Process
• Money Transfer Disputes
• Bank Liability
• Fraud Standard Of Proof

Active Automobile Spares Limited v Crane Bank Limited and Another

Active Automobile Spares Limited v Crane Bank Limited and Another (Civil Appeal 63 of 2000) [2001] UGCA 29 (18 September 2001)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 63 of 2000

Judge

Okello, JA, Twinomujuni, JA, Kitumba, JA

The Court of Appeal held that the bank was not liable for the disputed USD 97,000 transfer, which was found to be outside the employee’s authority.

• Bank Liability
• Employee Fraud
• Money Transfer Disputes
• Agency Relationships
• Bank-liability
• Employee-fraud