Uganda Case Law

In the matter of an application by Raymond K. Otika (a member and director of ODU Group Limited) (Company Cause No. 6 of 2025)

In the matter of an application by Raymond K. Otika (a member and director of ODU Group Limited) (Company Cause No. 6 of 2025) [2025] UGHCCD 87 (30 June 2025)

Court

HC: Civil Division (Uganda)

Case number

Company Cause No. 6 of 2025

Judge

Simon Peter M. Kinobe, J

The High Court granted a sole surviving member leave to hold and conduct an EGM of Odu Group Ltd despite the quorum requirement, after two other shareholders had died.

• Company Meetings
• Quorum Requirements
• Appointment Of Directors
• Shareholder Death
• Court Orders For Meetings
• Company-meetings

Diana Nakatudde Kabale v Days for Girls Uganda Limited

Diana Nakatudde Kabale v Days for Girls Uganda Limited (Miscellaneous Cause No. 0224 of 2024) [2025] UGHCCD 56 (7 May 2025)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause No. 0224 of 2024

Judge

Simon Peter M. Kinobe, J

The High Court allowed a sole surviving member of a company limited by guarantee to convene an extraordinary general meeting with a quorum of one under section 138.

• Company Meetings
• Quorum Requirements
• Corporate Governance
• Company-meetings
• Quorum-requirements
• Corporate-governance

Batenze v Liberation Community Finance Limited (Company Cause 1 of 2025)

Batenze v Liberation Community Finance Limited (Company Cause 1 of 2025) [2025] UGHCCD 52 (5 May 2025)

Court

HC: Civil Division (Uganda)

Case number

Company Cause 1 of 2025

Judge

Simon Peter M. Kinobe, J

The court found that the applicant had made all reasonable efforts to trace the absent co-shareholder/director, including public notices, but these were unsuccessful. The company's constitution requires two members for quorum, making it impossible to conduct meetings or make essential decisions. Section 138 of the Companies Act empowers the court to intervene where it is impracticable to call or conduct meetings as prescribed. The court determined that the circumstances justified granting leave for the applicant to call, hold, and conduct a members' meeting alone, pass resolutions to increase…

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• Company Meetings
• Quorum Requirements
• Share Capital Increase
• Appointment Of Directors

East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022)

East Africa Law Society v Secretary General of the East African Community (Appeal 6 of 2022) [2023] EACJ 10 (31 May 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 6 of 2022

Judge

Kayobera P, Mjasiri VP, M'lnoti JA, Mugeni JA

The Court held that the distinction between membership and quorum is fundamental: while Article 13 of the Treaty sets out the membership of the Council of Ministers, the quorum for Council meetings is determined by the Rules of Procedure made under Article 15(2) of the Treaty. The Rules require representation from all Partner States at ministerial level, not the attendance of all Attorneys General. The Court found no inconsistency between the Treaty and the Rules of Procedure regarding quorum. The amendment to Article 13 was intended to ensure Sectoral Councils were properly constituted, not…

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• Treaty Interpretation
• Institutional Governance
• Quorum Requirements
• Regional Community Law

Isoto v Atai

Isoto v Atai (Miscellaneous Application No. 140 of 2022) [2023] UGHCCD 58 (2 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 140 of 2022

Judge

Adonyo, J

The High Court found that the Local Council Courts Act and its Regulations clearly vest original jurisdiction for civil matters relating to customary law and land in the Village Local Council Court (LC I), not in the LC II or LC III Courts. The statutory framework, as interpreted in Mutonyi Margaret Wakyala & Ors v Tito Wakyala & Ors [2011] UGHC 117 and reinforced by principles of statutory interpretation, establishes that any proceedings conducted by LC II or LC III Courts as courts of first instance in such matters are a nullity for want of jurisdiction. The court held that the Land (Amendm…

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• Local Council Court Jurisdiction
• Customary Land Disputes
• Quorum Requirements
• Limitation Of Actions

Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022)

Okero v Kituo Cha Sheria Legal Advice Centre and Others (Application 4 of 2022) [2023] EACJ 3 (24 February 2023) (Appellate Division)

Court

East African Court of Justice

Case number

Application 4 of 2022

Judge

Mjasiri VP, M'lnoti JA

The Court dismissed consolidated applications for extension of time to appeal, holding that it lacked jurisdiction because the impugned amicus curiae decision was by a single judge.

• Extension Of Time
• Appellate Jurisdiction
• Amicus Curiae Admission
• Quorum Requirements
• Locus Standi
• Court Procedure

East African Law Society v Secretary General of the East African Community

East African Law Society v Secretary General of the East African Community (Reference No.1 of 2020) [2022] EACJ 5 (25 March 2022) (First Instance Division)

Court

East African Court of Justice

Case number

Reference No.1 of 2020

Judge

Masara PJ, Ngiye DPJ, Nyachae J, Nyawello J, Wejuli J

The Court found that the 39th Ordinary Meeting of the Council was properly constituted in accordance with the Treaty and the Council's Rules of Procedure, which require representation from each Partner State by a designated Minister, not necessarily the attendance of all Attorneys General. The absence of some Attorneys General did not render the meeting unlawful or its resolutions void. The Ad hoc EAC Service Commission was established lawfully by the Council under Article 14 of the Treaty as a temporary body and was not empowered as an institution of the Community, as such status requires es…

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• Treaty Interpretation
• Quorum Requirements
• Institutional Powers
• Public Interest Litigation

UETCL V Fredrick Sempebwa and Anor

UETCL V Fredrick Sempebwa and Anor (Civil Appeal No. 106 of 2018) [2021] UGHCCD 33 (26 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 106 of 2018

Judge

Emmanuel Baguma, J

The court held that the tribunal was properly constituted during hearings and the judgment, signed by the majority of members, was valid despite the death of one member before signing. The award of 20% interest did not amount to double computation, as the inflation adjustment reflected the real value of the compensation and did not include interest for deprivation of use of money. The tribunal was correct to determine the issue of interest, as the parties had reached a partial settlement on the principal sum and left interest for the tribunal's determination. The appellant, having acted on th…

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• Wayleave Compensation
• Interest Awards
• Consent Judgments
• Quorum Requirements

Uganda Electricity Transmission Company Limited v Ssempebwa and Another

Uganda Electricity Transmission Company Limited v Ssempebwa and Another (Civil Appeal No. 106 of 2018) [2021] UGHCCD 275 (26 May 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. 106 of 2018

Judge

Emmanuel Baguma, J

The court found that the tribunal was properly constituted during hearings and that the judgment signed by two members was valid, as the third member's absence was due to death and majority verdict suffices under the law. The inflation adjustment reflected the real value of the compensation and did not include interest; thus, the tribunal's award of 20% interest was reasonable and not a double computation. The appellant had acted on the partial settlement and paid the adjusted sum, and was estopped from denying the validity of the agreement. The absence of a formal signed consent did not inva…

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• Wayleave Compensation
• Interest Awards
• Consent Judgment
• Quorum Requirements

Attorney General of Burundi v Secretary General East African Community (Appeal 2 of 2019)

Attorney General of Burundi v Secretary General East African Community (Appeal 2 of 2019) [2020] EACJ 6 (4 June 2020) (Appellate Division)

Court

East African Court of Justice

Case number

Appeal 2 of 2019

Judge

Kiryabwire JA, Mjasiri JA, Nkurunziza VP, Ringera JA, Ugirashebuja P

The Appellate Division held that the Trial Court did not commit any error of law or procedural irregularity in striking out affidavits sworn by counsel for the applicant, as such affidavits were inadmissible due to hearsay and improper deponent status. Rule 47 does not apply to evidence, and the Court has inherent power to expunge inadmissible evidence. The Trial Court was not required to invoke its inherent powers to order production of evidence, as the burden of proof rests with the parties under the adversarial system. The Appellant failed to prove the alleged absence of Burundi and Tanzan…

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• Quorum Requirements
• Election Of Speaker
• Burden Of Proof
• Admissibility Of Evidence
• Costs Award
• Judicial Discretion