Uganda Case Law

Barclays Bank of Uganda Ltd Vs Gamuli Tukahirwa

Barclays Bank of Uganda Ltd Vs Gamuli Tukahirwa (Civil Appeal 88 of 2016) [2019] UGCA 2087 (18 January 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 88 of 2016

Judge

Owiny-Dollo, DCJ, Kakuru, JA, Kasule, Ag. JA

The Court of Appeal held that the High Court erred in law by increasing the award of general damages from UGX 5,000,000 to UGX 60,000,000 without a cross-appeal or hearing the parties, and beyond the pecuniary jurisdiction of the trial Magistrate's Court. The appellate judge acted without jurisdiction and in contravention of fair hearing principles. The award of interest at 25% and 32% was also set aside, as the trial Magistrate had properly awarded interest at 35% per annum on both principal and general damages, justified by the respondent's commercial loan rate. On liability, both the trial…

Source excerpt

• Banker Customer Relationship
• Negligence Of Bank
• Forged Cheque Liability
• Pecuniary Jurisdiction
• Interest Awards
• Damages Quantum

Busongora Development Association Ltd v Centenary Rural Development Bank Ltd (HCT-00-CC-CS 48 of 2004)

Busongora Development Association Ltd v Centenary Rural Development Bank Ltd (HCT-00-CC-CS 48 of 2004) [2005] UGCommC 37 (8 July 2005)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 48 of 2004

The Defendant bank was negligent in paying out Shs.50,000,000 from the Plaintiff's account on the basis of a cheque with a forged signature. The bank officials formed suspicions due to the unusual circumstances of the deposit and immediate withdrawal but failed to take adequate steps to verify the authority of the withdrawal, such as contacting the co-signatory. The evidence from the handwriting expert confirmed the forgery, and there was no evidence that the Plaintiff was complicit in the fraud. The bank's duty of care required it to exercise reasonable skill and caution, especially in cases…

Source excerpt

• Banker Customer Relationship
• Negligence Of Bank
• Forged Cheque Liability
• Duty Of Care In Banking
• Breach Of Contract
• Refund Of Funds

Tororo Cement Industry Ltd v The Co-operative Bank Ltd

Tororo Cement Industry Ltd v The Co-operative Bank Ltd (Civil Suit No. 205 of 1999) (Civil Suit No. 205 of 1999) [2002] UGHC 47 (28 January 2002)

Court

High Court of Uganda

Case number

Civil Suit No. 205 of 1999

The High Court dismissed Tororo Cement’s claim over misdirected bank drafts, finding the bank acted on authorised instructions and was not negligent.

• Bank Customer Relationship
• Negligence Of Bank
• Mandate And Authority
• Cheque Fraud
• Liquidation Liability
• Bank-neglect