Mileva v KCB Bank Uganda Limited (Miscellaneous Application 1194 of 2023) [2024] UGCommC 99 (30 April 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 1194 of 2023
Judge
Harriet Grace Magala, J
The High Court ordered KCB Bank Uganda Limited to produce its internet banking policy and related e-banking terms for discovery in a negligence and banker-customer dispute.
Cairo International Bank Limited v Luyimbazi (Civil Suit 555 of 2018) [2024] UGCommC 298 (19 April 2024)
Court
Commercial Court of Uganda
Case number
Civil Suit 555 of 2018
Judge
Cornelia Kakooza Sabiiti, J
The High Court held that the defendant breached a cheque discounting arrangement and owed the bank Ug.shs. 90,780,076, plus damages, interest, and costs.
KCB Bank Uganda v Alinda (Civil Appeal 37 of 2018) [2024] UGHCCD 22 (29 January 2024)
Court
HC: Civil Division (Uganda)
Case number
Civil Appeal 37 of 2018
Judge
Boniface Wamala, J
The High Court found that the trial magistrate properly evaluated the evidence, including expert reports and the Electoral Commission letter, and was justified in rejecting inconclusive or untested evidence linking the respondent to fraud. The court affirmed that the bank-customer relationship imposes a fiduciary duty on the bank to exercise due care and diligence, and that a finding of negligence could arise from breach of this duty even if not explicitly pleaded. The appellant, having alleged fraud, bore the burden of proving it to a higher standard than the ordinary balance of probabilitie…
Mushari v DFCU Bank Limited (by substitution) (Civil Appeal No. 188 of 2013) [2022] UGCA 222 (9 August 2022)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 188 of 2013
Judge
Kiryabwire, JA, Mulyagonja, JA, Musoke, JA
The Court of Appeal allowed a second appeal over disputed bank withdrawals, finding errors in the first appellate court’s treatment of the mandate, handwriting evidence, and costs.
Atiku v Centenary Rural Development Bank Limited (Civil Suit 754 of 2020) [2022] UGCommC 146 (18 July 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit 754 of 2020
Judge
Stephen Mubiru, J
The court dismissed a bank customer’s claim over alleged unauthorized mobile banking withdrawals, finding she had signed up for the service and bore the loss.
Buyondo Kamugunda v Bank of Baroda Uganda Limited (Civil Appeal 66 of 2002) [2004] UGCA 32 (21 April 2004)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 66 of 2002
Judge
Okello, JA, Engwau, JA, Byamugisha, JA
The majority of the Court of Appeal found that the respondent bank was negligent in opening an account in the names of Ham Kamugunda and Godfrey Katanywa without adequate verification, especially given the substantial amount and the government origin of the cheque. The introduction by a mere customer was insufficient, and the bank should have required a more authoritative introduction. The evidence established that the cheque was compensation for land expropriated from the deceased, and the bank admitted collecting and crediting the funds to the account. The burden of proof shifted to the ban…