Uganda Case Law

National Housing and Construction Company v Swatt Security Limited and Attorney General

National Housing and Construction Company v Swatt Security Limited and Attorney General (Miscellaneous Application 2736 of 2024) [2025] UGCommC 149 (25 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2736 of 2024

Judge

Tumusiime Rubagumya, J

The High Court granted the applicant unconditional leave to defend a summary suit, finding bona fide triable issues over indemnity, set-off, and the claimed balance.

• Summary Procedure
• Leave To Defend
• Contractual Indemnity
• Set Off
• Triable Issue
• Burden Of Proof

Meridiana Africa Airlines (U) Ltd v Avmax Spares (EA) Ltd

Meridiana Africa Airlines (U) Ltd v Avmax Spares (EA) Ltd (Civil Suit 111 of 2017) [2024] UGCommC 20 (19 January 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 111 of 2017

Judge

Stephen Mubiru, J

The High Court held that the defendant did not breach the first contract after a valid set-off, but awarded the plaintiff 90% of the price for a second asset sale.

• Breach Of Contract
• Contract Variation
• Quantum Meruit
• Waiver Of Rights
• Set Off
• Interest On Debt

Kollo Auto Agencies Limited v Stanbic Bank (U) Limited

Kollo Auto Agencies Limited v Stanbic Bank (U) Limited (Miscellaneous Application 169 of 2023) [2023] UGCommC 207 (30 August 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 169 of 2023

Judge

Mutesi, J

The application raises a bonafide triable issue regarding the existence and accuracy of the claimed debt. The Respondent failed to provide sufficient documentation, such as loan account statements and details of interest rates and charges, to substantiate how the principal sums disbursed accumulated to the claimed amount. The Applicant's challenge to the calculation and existence of the debt, coupled with the lack of supporting evidence from the Respondent, means the matter is not clear and straightforward and warrants a full trial. Therefore, unconditional leave to appear and defend the main…

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• Summary Procedure
• Leave To Defend
• Credit Facilities Dispute
• Liquidated Claims
• Security Perfection
• Set Off

Makumbi v Mawejje (Misc Cause No. 15 of 2022)

Makumbi v Mawejje (Misc Cause No. 15 of 2022) [2022] UGHCLD 229 (1 December 2022)

Court

HC: Land Division (Uganda)

Case number

Misc Cause No. 15 of 2022

Judge

Kazaarwe, J

The court found that the Respondent, as a purported beneficiary under the will of the parties' late father, has a right to lodge a caveat to protect his perceived interest in the suit land until the substantive question of ownership is determined. The court held that the removal of the caveat and the question of set-off cannot be resolved by motion but require a full trial or the outcome of the pending appeal in the related civil suit. Accordingly, the application for removal of the caveat and related remedies was dismissed, as the Respondent's right to protect his interest under the Registra…

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• Caveats
• Beneficial Interest
• Registration Of Titles
• Set Off
• Compensation For Wrongful Caveat

Deox Tibeingana v Jjuuko Martin (HCCS 35 of 2016)

Deox Tibeingana v Jjuuko Martin (HCCS 35 of 2016) [2018] UGCommC 27 (17 August 2018)

Court

Commercial Court of Uganda

Case number

HCCS 35 of 2016

The High Court held that the buyer breached a gym-equipment sale agreement by failing to make substantial monthly payments, and upheld the seller’s claim for the unpaid balance.

• Sale Of Goods
• Breach Of Contract
• Remedies For Breach
• Set Off
• Damages
• Interest Awards

DFCU Leasing Co Ltd v Nasolo Farida (HCT-00-CC-MA 105 of 2008)

DFCU Leasing Co Ltd v Nasolo Farida (HCT-00-CC-MA 105 of 2008) [2008] UGCommC 40 (18 August 2008)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 105 of 2008

The court found that although the applicant alleged the respondent's indebtedness as a basis for staying execution of taxed costs, the applicant had not filed any counterclaim or suit for recovery of the alleged sum in the pending main suits. The only relief sought by the applicant in those suits was dismissal with costs, not recovery of money. The court emphasized that parties are bound by their pleadings, and in the absence of a counterclaim, no set-off could arise. The court also noted that the order for costs in Misc. Application No. 74 of 2007 was not made to be dependent on the outcome…

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• Stay Of Execution
• Costs Awards
• Set Off
• Pleadings
• Lease Disputes

Singh v Tilles

Singh v Tilles (Civil Case No. 232 of 1952) [1952] EACA 274 (1 January 1952)

Court

East African Court of Appeal

Case number

Civil Case No. 232 of 1952

Judge

Windham J

The court struck out a counterclaim based on a separate pending suit and granted summary judgment for the admitted balance of the plaintiff’s claim.

• Counterclaim Requirements
• Set Off
• Summary Judgment
• Consolidation Of Suits
• Counterclaim
• Set-off

Kassam Jivraj and Company Limited v Gulamhussein and Company Limited

Kassam Jivraj and Company Limited v Gulamhussein and Company Limited (Civil Case No. 42 of 1947 (Mombasa)) [1951] EACA 337 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Case No. 42 of 1947 (Mombasa)

Judge

De Lestang J

The court found that three distinct contracts existed between the parties, including a specific contract for 250 tons of chora to be shipped by the first available steamer. The plaintiffs fulfilled their payment obligations for the chora, but the defendants failed to deliver as required, constituting a breach. The defendants' arguments for set-off and waiver were rejected; the contracts were independent and no special equity justified set-off. The plaintiffs did not waive their rights except for certain goods where correspondence showed acceptance of late or excess shipments. Damages for non-…

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• Sale Of Goods
• Breach Of Contract
• Letters Of Credit
• Damages Assessment
• Set Off
• Waiver

Phakey v World Wide Agencies Ltd

Phakey v World Wide Agencies Ltd (Civil Appeal No. 25 of 1947) [1948] EACA 1 (1 January 1948)

Court

East African Court of Appeal

Case number

Civil Appeal No. 25 of 1947

Judge

Bourke J, Edwards CJ, Graham Paul CJ

The Court of Appeal upheld an amendment correcting the plaintiff’s name in the plaint and held that affidavits on information and belief must state grounds for that belief.

• Amendment Of Pleadings
• Misdescription Of Parties
• Affidavit Requirements
• Set Off
• Procedural Fairness
• Civil-procedure

Mello v Shah (C.A. 36/1932.)

Mello v Shah (C.A. 36/1932.) [1932] EACA 31 (1 January 1932)

Court

East African Court of Appeal

Case number

C.A. 36/1932.

Judge

Thomas, J. (Kenya)

The court held that disputes over attached wages and an employer’s prior advances must be resolved in execution proceedings, not by separate suit.

• Attachment Of Salary
• Execution Proceedings
• Employer Lien
• Set Off
• Multiplicity Of Actions
• Attachment-of-salary