UAP Old Mutual Insurance Uganda Limited v Rwenzori Hydro (PVT) Limited & Another (Miscellaneous Application 446 of 2024) [2024] UGCommC 230 (26 June 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 446 of 2024
Judge
Stephen Mubiru, J
The High Court refused leave to defend a summary suit on demand performance bonds, holding the guarantor’s proposed defences were not bona fide or triable.
VS Hydro Uganda Limited & 3 Others v UAP Old Mutual Insurance Uganda Limited (Miscellaneous Application 2493 of 2023) [2024] UGCommC 39 (20 March 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2493 of 2023
Judge
Stephen Mubiru, J
The High Court refused leave to defend a summary suit over counter-indemnities, holding the applicants showed no bona fide triable defence and that the indemnities were enforceable.
DFCU Bank Limited v Abubaker Techinical Services and General Supplies Limited (Miscellaneous Application 764 of 2022) [2023] UGCommC 29 (1 September 2023)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 764 of 2022
Judge
Stephen Mubiru, J
The High Court struck out a suit against DFCU Bank, holding the plaint did not disclose a reasonable cause of action over payment made on demand guarantees.
UAP Insurance Uganda Limited v National Housing and Construction Company Limited (Civil Appeal No. 80 of 2015) [2023] UGCA 94 (15 March 2023)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 80 of 2015
Judge
Musota, JA, Bamugemereire, JA, Buteera, DCJ
The Court of Appeal held that once the trial Judge identified triable issues regarding the status and enforceability of the performance bond and the allegation of fraud, the only proper course was to grant the appellant leave to appear and defend the suit. Resolving those issues summarily without permitting the appellant to adduce evidence and defend itself amounted to a denial of the right to be heard. The appellate court emphasized that the existence of triable issues, regardless of their eventual outcome, necessitates a full hearing on the merits. Accordingly, the appeal was allowed, the H…
The Tribunal held that performance bonds, advance payment bonds, and generic guarantees were indemnity bonds taxable at 1%, while bid bonds fell under the nominal bond rate.
Bisangwa Kasimba and Another v Diamond Trust Bank Uganda Limited (Civil Appeal No. 347 of 2019) [2021] UGCA 92 (23 September 2021)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 347 of 2019
Judge
Cheborion, JA, Madrama, JA, Musota, JA
The Court of Appeal held that the trial Judge properly exercised judicial discretion in granting a conditional temporary injunction, requiring the appellants to deposit Ug. Shs. 550,000,000/= as a condition precedent. The Court found that the appellants had acknowledged their indebtedness and proposed a repayment plan, and that the trial Judge considered all relevant materials, including the risk of dilatory tactics if an unconditional injunction were granted. The issues raised by the appellants regarding statutory notices and property valuation were deemed relevant to the main suit, not the…
Kiboko Enterprises Ltd v Philps East Africa Ltd & Anor (HCCS 601 of 2016) [2019] UGCommC 10 (3 May 2019)
Court
Commercial Court of Uganda
Case number
HCCS 601 of 2016
The High Court held that Kiboko Enterprises breached the subcontract by diverting from agreed China-sourced components, causing non-performance and termination.
Transafrica Assurance Co. Ltd v Cimbria (EA) Ltd (Civil Appeal No. 11 of 2001) [2001] UGCA 1 (26 March 2001)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 11 of 2001
The Court of Appeal of Uganda held that a performance bond must be honoured according to its terms, regardless of disputes over the underlying contract.
