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Uganda decisions
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Nduho Mugyenyi v Moses Matsiko (Misc. Application No. 613 of 2025) [2025] UGCommC 193 (27 June 2025)
The High Court granted unconditional leave to defend a summary suit after finding triable issues over whether the disputed money was a loan or a partnership investment.
Isabirye v Wakainja & 2 Others (Arbitration Cause 18 of 2023) [2024] UGCommC 131 (29 April 2024)
The court found that it had jurisdiction to recognize and enforce the arbitral awards because the parties had a valid arbitration agreement, and the applicant provided the necessary certified documents. The respondents participated in the arbitration proceedings, filed their defence, and did not object to the appointment of the arbitrator within the statutory period. Their current objections were deemed an afterthought and barred by waiver and estoppel. The respondents also failed to challenge the awards within the thirty-day period prescribed by law. The court held that the awards were enfor…
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Okello v Ejom (Civil Suit 54 of 2012) [2023] UGHC 424 (22 November 2023)
The court found that a partnership existed between the plaintiff and defendant, evidenced by the partnership deed of 18th September 2000, joint actions in establishing Amach Modern Senior Secondary School, and supporting documents. The absence of business registration did not negate the partnership's existence, as per statutory and case law. The partnership was not dissolved according to the deed's terms. The defendant's unilateral actions in operating accounts, registering the school as a company, and acquiring loans without the plaintiff's consent breached partnership duties. The plaintiff…
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M/s Bivamuntuuyo Market Vendors Association Limited v Luyombya and 8 Others (Civil Suit 661 of 2016) [2023] UGHCLD 374 (24 October 2023)
The High Court held that the plaintiff lacked proof of lawful possession at the material time, found the tenancy had lapsed, and dismissed the trespass suit with costs.
Kirugi v Masiko (Civil Suit 457 of 2021) [2023] UGCommC 249 (30 August 2023)
The court found that while money was exchanged between the Plaintiff and Defendant, the evidence did not establish a clear, consistent pattern or purpose supporting the existence of a contract or partnership for the development of Kasubi Forest Cottages. The Plaintiff failed to prove, on a balance of probabilities, that the funds were advanced for hotel development rather than for shared living expenses or other personal reasons. The irregular nature of the transactions, lack of documentation, and inconsistencies in both parties' testimonies undermined the Plaintiff's claim. The court held th…
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Nyiramugisha v Mbonimpa (Miscellaneous Application 63 of 2022) [2023] UGHC 450 (25 February 2023)
The High Court dismissed an application for res judicata and judgment on admission, holding that property ownership was not decided in the earlier divorce cause.
Kirumira Charles v Birungi Grace, Nakirijja Joyce & Muwanga James (Civil Suit 44 of 2021) [2022] UGHCLD 318 (16 December 2022)
The court found that the plaint did not plead the existence of a partnership business or a business entity, nor was a business name assigned to the alleged arrangement. Therefore, the provisions of the Partnership Act and Business Names Registration Act do not apply. The objection regarding locus standi was misplaced, as the plaintiff sued in his own name as a natural person, which is permissible. The objection to the amended plaint was also overruled, as leave to amend had been granted by consent order. Both preliminary objections were found to lack merit and were overruled, with costs award…
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Nalumu v Kaweesa (Civil Appeal No. 2 of 2019) [2021] UGHCCD 227 (10 May 2021)
The High Court upheld a judgment finding that money and goods given to the appellant were contributions to a joint business, not gifts from a love relationship.
Digital Displays Ltd Vs Tim Construction Company Ltd & 3 Ors (CIVIL SUIT No. 021 OF 2015) [2019] UGHCCD 167 (16 May 2019)
The High Court held that a partnership memorandum was enforceable, pierced the corporate veil against the managing director, and awarded the plaintiff shs. 92,138,132/= plus interest.
Pipal Projects (PVT) Limited v Radiant Projects and Estates Limited (MISCELLANEOUS APPLICATION NO. 412 OF 2018) [2019] UGHCCD 264 (20 March 2019)
The court found that at the interlocutory stage, it could not conclusively determine whether the applicant had a prima facie case with a high chance of success or whether irreparable loss would occur that could not be compensated by damages. Given this uncertainty, the court applied the principle of balance of convenience and determined that the applicant would be exposed to great inconvenience if the respondent were allowed to deal with the suit land before the main suit was resolved. To preserve the status quo and prevent potential injustice, the court granted a temporary injunction restrai…
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