Uganda Case Law

Simba Motors Ltd v John Sentongo and Anor - (HCT-00-CC-CS 733 of 2000)

Simba Motors Ltd v John Sentongo and Anor - (HCT-00-CC-CS 733 of 2000) [2006] UGCommC 29 (20 June 2006)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 733 of 2000

The court found that although the defendants issued the cheques and invoice to Simba Motors Ltd, the plaintiff failed to give notice of dishonour within a reasonable time as required by the Bills of Exchange Act. The cheques were dishonoured in 1997 and 1998, but notice was only given in 1999, with the suit filed in 2000. No special circumstances justified the delay. As a result, the defendants were discharged from liability on the cheques. The court also found that the claim for both the cheque and invoice amounted to double recovery for the same debt. The alleged pledge of a water pump as s…

Source excerpt

• Bills Of Exchange
• Cheque Dishonour
• Notice Of Dishonour
• Company Liability

Rawal and Another v Singh

Rawal and Another v Singh (Civil Appeal No. 5 of 1956) [1956] EACA 22 (1 January 1956)

Court

East African Court of Appeal

Case number

Civil Appeal No. 5 of 1956

Judge

O'Connor CJ

The court held that endorsees of a dishonoured cheque could sue the drawer, even with notice of dishonour, subject to any defect of title at dishonour.

• Bills Of Exchange
• Cheque Dishonour
• Endorsement After Dishonour
• Holder In Due Course
• Notice Of Dishonour
• Cheque-dishonour

Naranjee v Khan and Another

Naranjee v Khan and Another (Civil Suit No. 540 of 1952) [1953] EACA 12 (1 January 1953)

Court

East African Court of Appeal

Case number

Civil Suit No. 540 of 1952

Judge

Windham J

Court held the second defendant liable on five promissory notes: the endorsement was authorized, presentment delay was reasonable, and notice of dishonour was unnecessary.

• Promissory Notes
• Endorsement Liability
• Notice Of Dishonour
• Delay In Presentment
• Promissory-notes
• Endorsement-liability

Naranjee v Khan and Another

Naranjee v Khan and Another (Civil Suit No. 540 of 1952) [1953] EACA 48 (1 January 1953)

Court

East African Court of Appeal

Case number

Civil Suit No. 540 of 1952

Judge

Windham J

The court upheld liability on five promissory notes, finding the endorsement authorized, the 16–18 month delay in presentment reasonable, and notice of dishonour unnecessary.

• Promissory Notes
• Endorsement Liability
• Notice Of Dishonour
• Presentment For Payment
• Promissory-notes
• Presentment-for-payment

Hasmani v Belge (Civ. App. No. 9/1938.)

Hasmani v Belge (Civ. App. No. 9/1938.) [1938] EACA 89 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 9/1938.

Judge

Hayden J, Sheridan, (C.J. Kenya), Whitley CJ

The Court of Appeal held that a single triable issue was enough to justify unconditional leave to defend, and allowed the appeal.

• Leave To Defend
• Triable Issue
• Bill Of Exchange
• Notice Of Dishonour
• Leave-to-defend
• Triable-issue

Mehta v Fatuhnal

Mehta v Fatuhnal (Civil Appeal No. 26 of 1951) [1951] EACA 126 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Appeal No. 26 of 1951

Judge

Hearne, J (Tanganyika), Nihill P, Worley VP

The Court held that the cheque was given as conditional payment for the loan and did not constitute accord and satisfaction. Upon dishonour of the cheque, the original debt revived. The evidence showed that the cheque was dishonoured, as the bank ultimately regarded it as worthless and returned it to the respondent. Notice of dishonour was not legally necessary in this context, as the only parties interested were the payee and drawer, and the cause of dishonour was attributable to the drawer's own act or omission. Even if notice was required, the appellant's conduct—specifically, his letter a…

Source excerpt

• Bills Of Exchange
• Cheque Dishonour
• Accord And Satisfaction
• Notice Of Dishonour
• Money Lent
• Interest On Debt