Uganda Case Law

Stanbic Bank Uganda Limited v Millers Choice Limited & 2 Others

Stanbic Bank Uganda Limited v Millers Choice Limited & 2 Others (Miscellaneous Application 707 of 2024) [2024] UGCommC 171 (7 June 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 707 of 2024

Judge

Mutesi, J

The court found that the Respondents' admissions in their written statement of defence were clear and unequivocal regarding receipt of the loan and failure to repay. The alleged defence based on an oral promise of further credit was unsupported by documentary evidence and inadmissible under the parole evidence rule. The Respondents failed to provide proof of repayment or any real defence to the claim. The court exercised its discretion to grant judgment on admission, holding that proceeding to trial would be futile as the only evidence available to the Respondents was inadmissible. The court…

Source excerpt

• Judgment On Admission
• Loan Recovery
• Default Judgment
• Burden Of Proof
• Parole Evidence Rule

Twagira v Kitaka & Another

Twagira v Kitaka & Another (Civil Suit 242 of 2020) [2024] UGHCCD 92 (31 May 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit 242 of 2020

Judge

Baguma, J

The High Court dismissed a tenant’s claim for theft losses, finding no written contract term required the landlord to provide security and no privity with the security company.

• Tenancy Agreement
• Breach Of Contract
• Privity Of Contract
• Parole Evidence Rule
• Breach-of-contract
• Privity-of-contract

Balintuma v Kubeera

Balintuma v Kubeera (Civil Appeal 10 of 2019) [2024] UGHCCD 23 (31 January 2024)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal 10 of 2019

Judge

Boniface Wamala, J

The High Court dismissed an appeal against refusal of leave to defend a summary suit, finding no bona fide triable issues and upholding the judgment for the respondent.

• Summary Suits
• Leave To Defend
• Triable Issues
• Parole Evidence Rule
• Summary-suits
• Leave-to-defend

Kaggwa v Ntaganda

Kaggwa v Ntaganda (Civil Suit 714 of 2017) [2023] UGCommC 278 (13 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 714 of 2017

Judge

Cornelia Kakooza Sabiiti, J

The High Court held that the 14 June 2012 land sale agreement was authentic, fixed the price at UGX 7.1 billion, and awarded the plaintiff the UGX 914 million balance.

• Contract Enforcement
• Purchase Price Dispute
• Land Sale Agreement
• Forgery Allegation
• Parole Evidence Rule
• Contract-enforcement

Opolot Michael vs Okolimong Simon

Opolot Michael vs Okolimong Simon (Civil Appeal No. 13 of 2021) [2022] UGHC 91 (30 September 2022)

Court

High Court of Uganda

Case number

Civil Appeal No. 13 of 2021

Judge

Adonyo, J

The High Court dismissed a land appeal, holding that oral evidence was admissible to show a joint family purchase and that the appellant could not claim sole ownership.

• Land Ownership Disputes
• Customary Succession
• Parole Evidence Rule
• Oral Agreements
• Distribution Of Estate
• Land-ownership-disputes

Lokhandwala v Hippo Industries Limited & 2 Others

Lokhandwala v Hippo Industries Limited & 2 Others (CIVIL SUIT NO. 183 OF 2017) [2020] UGHCCD 194 (18 September 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 183 OF 2017

Judge

Musa Ssekaana, J

The court found that the Memorandum of Understanding was varied by the conduct and express agreement of the parties, as evidenced by salary vouchers, PAYE, and NSSF remittances, and the plaintiff's own admissions during cross-examination. The parole evidence rule does not bar evidence of variation where parties mutually agree, and Section 67 of the Contracts Act 2010 allows for such variation. The plaintiff failed to prove entitlement to salary arrears, NSSF, or PAYE benefits, as the evidence showed payments were made or agreed upon under the varied terms. Allegations of breach of contract by…

Source excerpt

• Contract Variation
• Remuneration Disputes
• Parole Evidence Rule
• Employment Benefits
• Breach Of Contract