Uganda Case Law

Majari Investments Limited v Betimo General Supplies Limited & Another

Majari Investments Limited v Betimo General Supplies Limited & Another (Civil Suit 562 of 2020) [2024] UGCommC 347 (31 December 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 562 of 2020

Judge

Mutesi, J

The court found that the Plaintiff's claim was not based on breach of contract but on the equitable doctrine of restitution for money had and received, which is not barred by the absence of a written contract under Section 10(5) of the Contracts Act. The evidence established that the Plaintiff paid USD 147,929 directly to Truebell on behalf of the 1st Defendant, as corroborated by documentary evidence and the conduct of the parties. The Defendants failed to provide a credible explanation for the transaction or to rebut the Plaintiff's evidence. The court held that the Plaintiff was entitled t…

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• Money Had And Received
• Unjust Enrichment
• Restitution
• Agency
• Damages
• Pleadings And Evidence

Muwonge v Serrunjogi and Another

Muwonge v Serrunjogi and Another (Civil Suit 254 of 2021) [2024] UGHCLD 280 (14 November 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 254 of 2021

Judge

Nkonge, J

The High Court found a land sale agreement void for lack of a translation certificate and absence of consent, rejected specific performance, and ordered a refund.

• Sale Of Unregistered Land
• Specific Performance
• Breach Of Contract
• Fraud And Misrepresentation
• Illiterates Protection Act
• Contractual Consideration

Birungi v Ahinduraho

Birungi v Ahinduraho (Civil Suit 70 of 2021) [2024] UGHC 382 (29 May 2024)

Court

High Court of Uganda

Case number

Civil Suit 70 of 2021

Judge

Joyce Kavuma, J

The High Court allowed recovery of UGX 28,760,000 proved by bank records, but denied the larger claim, general damages, and interest in an ex parte formal proof judgment.

• Breach Of Contract
• Unjust Enrichment
• Money Had And Received
• Contract Formalities
• Restitution
• Unjust-enrichment

Bamuhiga v Ndyanabangi & Another

Bamuhiga v Ndyanabangi & Another (Civil Miscellaneous Application 17 of 2023) [2024] UGHC 158 (28 February 2024)

Court

High Court of Uganda

Case number

Civil Miscellaneous Application 17 of 2023

Judge

Emokor, J

The court found that the only issue for stay of execution before it was the taxed bill of costs amounting to UgX 4,210,000. The applicant failed to demonstrate how payment of this sum would cause substantial or irreparable loss, as restitution would be available if the appeal succeeded. The applicant did not provide evidence that the loss could not be undone. The court applied the principles from Ssekikubo and Tropical Commodities, holding that execution of a money decree does not ordinarily warrant a stay unless special circumstances are shown. As such, the application for stay of execution…

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• Stay Of Execution
• Substantial Loss
• Taxed Costs
• Appeal Likelihood
• Restitution
• Execution Of Decree

Sino East Africa Trade Development Company Limited & Another v Dida Investment Consult Limited

Sino East Africa Trade Development Company Limited & Another v Dida Investment Consult Limited (Civil Suit 320 of 2021) [2023] UGCommC 273 (20 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 320 of 2021

Judge

Cornelia Kakooza Sabiiti, J

The court found that the Plaintiffs and Defendant entered into binding contractual agreements through two Memoranda of Understanding and related documents, under which the Plaintiffs advanced a total of USD 60,000 to the Defendant for consultancy services. The agreements expressly provided that if the identified contractors were not awarded the relevant contracts, the Defendant would refund the advances. The evidence, including dishonored cheques issued as security, established that the Defendant failed to refund the sums after the contractors were unsuccessful, constituting a clear breach of…

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• Breach Of Contract
• Memorandum Of Understanding
• Consultancy Agreements
• Restitution
• Damages
• Interest Awards

Ssesanga v Asaba Paul

Ssesanga v Asaba Paul (Miscellaneous Cause No. 4 of 2022) [2022] UGHC 41 (14 October 2022)

Court

High Court of Uganda

Case number

Miscellaneous Cause No. 4 of 2022

Judge

Wagona, J

The court found that the applicant's claims and the reliefs sought required specific pleadings and proof, such as establishing the alleged illegality of the power of attorney, the wrongful suit, and the alleged torture and imprisonment of the late Fr. Francis Muchocho. These matters could not be adequately determined by way of a miscellaneous application under sections 92 and 98 of the Civil Procedure Act, as there was no evidence that the application related to a prior decree that had been varied or reversed. The court held that the proper procedure for such claims was by plaint, where evide…

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• Powers Of Attorney
• Mortgage Disputes
• Restitution
• Procedure For Commencement Of Suits

Semuddu v Buliamu Matovu

Semuddu v Buliamu Matovu (Civil Suit No. 2641 of 2016) [2021] UGHCLD 160 (5 November 2021)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 2641 of 2016

Judge

Kakooza, J

The court held a land sale agreement void because the seller was not the registered proprietor, denied specific performance, and ordered a refund, damages, and costs.

• Void Contracts
• Specific Performance
• Recovery Of Purchase Price
• General Damages
• Costs Award
• Void-contracts

Lanex Forex Bureau Ltd v Mulangwe

Lanex Forex Bureau Ltd v Mulangwe (Civil Appeal No. 190 of 2016) [2021] UGCA 125 (1 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 190 of 2016

Judge

Cheborion, JA, Madrama, JA, Musota, JA

The Court of Appeal held that the reconstructed record, agreed upon and certified by both parties' counsel, was a valid basis for adjudication, and the appellant was estopped from challenging its use. The delay in judgment delivery was not so unreasonable as to prejudice the parties' rights. On the substantive issue, the court found that the deposit of US$160,000 was made to the appellant, a forex bureau, in contravention of statutory regulations prohibiting such deposits. However, the law and common law principles of restitution and unjust enrichment required that the appellant refund the de…

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• Illegality Of Contract
• Unjust Enrichment
• Restitution
• Regulatory Compliance Forex Bureaux
• Estoppel
• Reconstruction Of Court Record

David Nsiyona v Scandi Trading Limited

David Nsiyona v Scandi Trading Limited (Civil Suit 206 of 2016) [2021] UGCommC 32 (30 April 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 206 of 2016

Judge

Wabwire, J

The High Court found both parties breached a share sale agreement, ordered Scandi Trading Limited to refund US$87,387, denied damages, and awarded 8% interest.

• Share Sale Agreement
• Breach Of Contract
• Remedies For Breach
• Waiver Of Rights
• Breach-of-contract
• Share-sale-agreement

Odong v TampEngineering Consultants Limited and 2 Others

Odong v TampEngineering Consultants Limited and 2 Others (Miscellaneous Application 129 of 2023) [2020] UGCommC 166 (20 February 2020)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 129 of 2023

Judge

Stephen Mubiru, J

The High Court ordered return of the applicant’s title deed after the underlying decree was set aside, finding no lawful basis to retain it as security.

• Restitution Of Property
• Lifting Corporate Veil
• Execution Of Decree
• Inherent Jurisdiction
• Advocate Lien
• Restitution