Uganda Case Law

Shimizu-Konoike Joint Venture v Abubaker Technical Services & General Supplies Limited

Shimizu-Konoike Joint Venture v Abubaker Technical Services & General Supplies Limited (Miscellaneous Application 436 of 2024) [2024] UGCommC 223 (4 July 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 436 of 2024

Judge

Tumusiime Rubagumya, J

The High Court held that a valid arbitration clause governed the subcontract disputes and dismissed the suit, referring all disputes to ICC arbitration.

• Arbitration Agreements
• Contractual Disputes
• Performance Guarantees
• Advance Payment Guarantees
• Stay Of Proceedings
• Arbitration-agreements

Coil Limited & Nasr General Contracting Company Limited v Attorney General & I & M Bank (U) Limited

Coil Limited & Nasr General Contracting Company Limited v Attorney General & I & M Bank (U) Limited (Miscellaneous Application 10 of 2023) [2024] UGCommC 14 (15 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 10 of 2023

Judge

Harriet Grace Magala, J

The court found that the requirements for granting an interim order of injunction were satisfied: there was a substantive pending application for a temporary injunction, and there was an imminent threat of execution as the only bar to encashment of the performance guarantee was the administrative order under challenge. The court held that arguments relating to the merits of the main application should not be entertained at this stage. On the issue of locus standi, the court determined that the misnaming of the applicants was a correctable misnomer and not a bar to the application. The applica…

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• Interim Injunctions
• Performance Guarantees
• Stay Of Execution
• Abuse Of Process

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others

Reynolds Construction Company (N) Limited v The Attorney General & 2 Others (Miscellaneous Cause 127 of 2023) [2024] UGCommC 275 (31 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 127 of 2023

Judge

Anna B. Mugenyi, J

The court dismissed an application for interim protection over a performance guarantee, holding the guarantee had been cancelled and the requested relief was overtaken by events.

• Arbitration Agreements
• Performance Guarantees
• Interim Measures
• Construction Contracts
• Contractual Breach
• Arbitration

Roko Construction Limited v Pearl Marina Estates Limited

Roko Construction Limited v Pearl Marina Estates Limited (Miscellaneous Application 193 of 2023) [2023] UGCommC 52 (24 July 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 193 of 2023

Judge

Harriet Grace Magala, J

The court found that the subject matter of the application was already the subject of pending arbitration proceedings between the parties, and that the claims in the main suit were identical to those before the arbitrator. The applicant had previously sought similar interim relief, which was dismissed. The court held that it could not exercise jurisdiction over a matter subject to valid and binding arbitration, and that the application for a temporary injunction constituted an abuse of process. Consequently, the court declined to consider the criteria for granting a temporary injunction and o…

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• Temporary Injunctions
• Arbitration Stay
• Performance Guarantees
• Contract Breach
• Abuse Of Process

Roko Construction Limited v Aga Khan University and Another (Misc Cause No. 15 of 2022)

Roko Construction Limited v Aga Khan University and Another (Misc Cause No. 15 of 2022) [2022] UGCommC 99 (28 July 2022)

Court

Commercial Court of Uganda

Case number

Misc Cause No. 15 of 2022

Judge

Wabwire, J

High Court ruling on interim protection in an arbitration dispute over an unconditional performance guarantee. The application was dismissed and the injunction set aside.

• Arbitration Interim Measures
• Performance Guarantees
• Construction Contracts
• Fraud Exception
• Injunctive Relief
• Arbitration-interim-measures

Prism Construction Company Limited v Attorney General

Prism Construction Company Limited v Attorney General (Miscellaneous Cause 76 of 2021) [2022] UGCommC 136 (25 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 76 of 2021

Judge

Stephen Mubiru, J

The court found that the applicant failed to demonstrate a sufficiently strong case for arbitration or that restoration to the site was necessary to prevent imminent harm to the arbitral process. The applicant's claim is quantifiable in damages, which are an adequate remedy. The balance of convenience does not favour the applicant, as compelling the parties to continue a fraught contractual relationship is impracticable and would unduly hamper the respondent's mandate. The application for an interim injunction is therefore dismissed.

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• Interim Injunctions
• Arbitration Agreements
• Contractual Disputes
• Performance Guarantees

DFCU Bank Limited v Polat Yol Yapi San Vstie A.S and Another

DFCU Bank Limited v Polat Yol Yapi San Vstie A.S and Another (Miscellaneous Application No. 217 of 2022) [2022] UGCommC 23 (14 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 217 of 2022

Judge

Rwakakooko, J

High Court interpleader over competing claims to advance payment guarantee sums; the Court vacated interim restraints and directed DFCU Bank to pay the beneficiary.

• Bank Guarantees
• Interpleader Proceedings
• Performance Guarantees
• Construction Contracts
• Injunctive Relief
• Interpleader-proceedings

DFCU Bank v Polat Yol Yapi San Vstie A.S & Anor

DFCU Bank v Polat Yol Yapi San Vstie A.S & Anor (Miscellaneous Application No. 217 of 2022) [2022] UGCommC 24 (14 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 217 of 2022

Judge

Rwakakooko, J

The High Court held that DFCU Bank properly brought an interpleader application over competing claims to guarantee proceeds, vacated interim orders, and directed payment to UNRA.

• Interpleader Proceedings
• Advance Payment Guarantees
• Performance Guarantees
• On Demand Guarantees
• Injunctive Relief
• Contractual Obligations

Uganda Electricity Transmission Co. Ltd v Johnston Group Ltd (H.C.Miscellaneous Application No. 873 of 2020)

Uganda Electricity Transmission Co. Ltd v Johnston Group Ltd (H.C.Miscellaneous Application No. 873 of 2020) [2021] UGCommC 70 (30 April 2021)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 873 of 2020

Judge

Gaswaga, J

The High Court granted a conditional stay of execution, ordering UETCL to deposit USD 651,511 in court within 90 days or lose the stay.

• Stay Of Execution
• Contempt Of Court
• Garnishee Orders
• Performance Guarantees
• Substantial Loss
• Balance Of Convenience

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another

AC Yafeng Construction Limited v Registered Trustees of Living word assembly Church and Another (Miscellaneous Civil Application No. 1 of 2021) [2021] UGCommC 125 (9 March 2021)

Court

Commercial Court of Uganda

Case number

Miscellaneous Civil Application No. 1 of 2021

Judge

Stephen Mubiru, J

The court held that the applicant's misnaming in the pleadings was a mere misnomer, not a fatal defect, and allowed amendment to reflect the correct name. On the substantive issue, the court found that the performance guarantee issued by the 2nd respondent was unconditional and autonomous, requiring only a written demand from the beneficiary and not proof of breach of the underlying contract. The applicant failed to demonstrate that the guarantee was conditional, that the call on the guarantee was beyond the permitted circumstances, or that the call was specious or untenable. The court furthe…

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• Performance Guarantees
• Interim Injunctions
• Arbitration Proceedings
• Misnomer In Pleadings