Uganda Case Law

Victoria Apartments Limited & 2 Others v Gaming East Africa & Entertainment Limited & 3 Others

Victoria Apartments Limited & 2 Others v Gaming East Africa & Entertainment Limited & 3 Others (Miscellaneous Application 521 of 2023) [2023] UGCommC 185 (22 December 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 521 of 2023

Judge

Mutesi, J

The applicants established a prima facie case for attachment before judgment, demonstrating a real risk that the 1st respondent would dispose of its assets to frustrate any future recovery. However, the statutory security bond held by the 3rd respondent is not liable for attachment as the applicants' claims do not fall within the statutory purposes outlined in Section 40(2) of the Lotteries and Gaming Act, 2016. The Court found that the applicants' claims are not tax or employee claims, nor do they relate to persons participating in activities organized by the licensee under the Act. The Cour…

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• Attachment Before Judgment
• Security For Debt
• Disposal Of Assets
• Bank Guarantee
• Regulatory Compliance

DFCU Bank Limited v Rocktrust Contractors (U) Limited & Another

DFCU Bank Limited v Rocktrust Contractors (U) Limited & Another (Miscellaneous Cause 43 of 2023) [2023] UGCommC 196 (30 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 43 of 2023

Judge

Mutesi, J

The High Court granted interim injunctions preserving assigned contract proceeds pending arbitration, finding DFCU Bank showed a strong claim and risk of dissipation.

• Assignment Of Contract Proceeds
• Interim Injunctions
• Arbitration Proceedings
• Loan Facility Disputes
• Security For Debt
• Banking Contracts

Chandaran Associates v Kampala Cement Company Limited

Chandaran Associates v Kampala Cement Company Limited (MISCELLANEOUS CAUSE NO. 15 OF 2019) [2020] UGHCCD 177 (10 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 15 OF 2019

Judge

Mugabe, J

The High Court declined to lift caveats on the applicant’s vehicles, holding the respondent had a legitimate interest in securing a substantial debt pending insolvency proceedings.

• Caveats On Property
• Credit Facility Disputes
• Insolvency Proceedings
• Security For Debt
• Caveats-on-property
• Insolvency-proceedings

Kaggwa & Anor v Ndyowayesu (HCCS 728 of 2016)

Kaggwa & Anor v Ndyowayesu (HCCS 728 of 2016) [2019] UGCommC 8 (25 April 2019)

Court

Commercial Court of Uganda

Case number

HCCS 728 of 2016

The High Court held that the defendant received UGX 100 million for a proposed microfinance venture, failed to launch it, and had to refund UGX 90 million after partial repayment.

• Breach Of Contract
• Loan Recovery
• Security For Debt
• Fraudulent Title
• Breach-of-contract
• Loan-recovery

Highland Agriculture and Export Ltd v Bulondo International Ltd & 3 Ors

Highland Agriculture and Export Ltd v Bulondo International Ltd & 3 Ors (Civil Suit 568 of 2013) [2018] UGCommC 8 (6 April 2018)

Court

Commercial Court of Uganda

Case number

Civil Suit 568 of 2013

The High Court found the debt for cement had been paid, but ordered the defendants to include the plaintiff on title to land agreed as security for accrued interest.

• Sale Of Goods
• Security For Debt
• Land Transfer
• Contractual Indebtedness
• Commercial-dispute
• Debt-recovery

Ssengoba v Messrs Kiboko Enterprises Ltd

Ssengoba v Messrs Kiboko Enterprises Ltd (Miscellaneous Application No. 1206 of 2016) [2017] UGCommC 72 (16 June 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1206 of 2016

The court found that the Applicant raised bona fide triable issues regarding whether he was personally liable for the debt or whether the liability attached to Asuaco Enterprises Ltd. The evidence was unclear as to whether the cheques were issued as security for company debts or as personal liability, and the invoices and financial statements did not conclusively establish the Applicant's personal obligation. The court held that these issues could not be resolved summarily and required trial on the merits. However, the Applicant's defence did not cover the entire sum claimed, and there was un…

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• Summary Suit Procedure
• Leave To Defend
• Corporate Personality
• Liability On Cheques
• Security For Debt

Kibuuka Musoke v Tour & Travel Centre Ltd (High Court Miscellaneous Application No. 603 of 2008)

Kibuuka Musoke v Tour & Travel Centre Ltd (High Court Miscellaneous Application No. 603 of 2008) [2009] UGCommC 18 (4 February 2009)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 603 of 2008

The High Court dismissed an application to deposit a bank guarantee as security for a mortgage debt and release a title deed, holding the relief was outside Order 27.

• Security For Debt
• Mortgage Enforcement
• Procedural Irregularities
• Civil-procedure
• Mortgage-law
• Security-for-debt

DFCU Bank Limited v Ann Persis Nakate Lussejjere (Misc.App.No.78 Of 2003) (Misc.App.No.78 of 2003)

DFCU Bank Limited v Ann Persis Nakate Lussejjere (Misc.App.No.78 Of 2003) (Misc.App.No.78 of 2003) [2003] UGHC 91 (24 March 2003)

Court

High Court of Uganda

Case number

Misc.App.No.78 of 2003

The High Court dismissed an application to stay execution pending appeal, holding that the applicant had not shown good cause, special circumstances, or substantial loss.

• Stay Of Execution
• Mortgage Dispute
• Substantial Loss
• Security For Debt
• Stay-of-execution
• Mortgage-dispute

Mohamed v Kotecha

Mohamed v Kotecha (MISCELLANEOUS APPLICATION NO. 1029 OF 2000) [2000] UGHC 45 (12 December 2000)

Court

High Court of Uganda

Case number

MISCELLANEOUS APPLICATION NO. 1029 OF 2000

Judges

Byamugisha, j

The High Court granted leave to defend a summary procedure suit over dishonoured cheques, finding a genuine dispute about whether the cheques were security and whether the debt had been settled.

• Summary Procedure
• Leave To Defend
• Cheque Liability
• Security For Debt
• Summary-procedure
• Leave-to-defend

Mohamed v Kotecha

Mohamed v Kotecha (Miscellaneous Application 1029 of 2000) [2000] UGHC 42 (12 December 2000)

Court

High Court of Uganda

Case number

Miscellaneous Application 1029 of 2000

Judges

Byamugisha, j

The High Court granted the defendant leave to appear and defend a summary procedure claim over dishonoured cheques, finding a credible defence based on payment evidence.

• Summary Procedure
• Leave To Defend
• Cheque Liability
• Security For Debt
• Liquidated Claims
• Summary-procedure