Uganda Case Law

Nabisere Mukamusinzi Aisha Sentamu v Mirage Trading Co. Limited& Anor (Company Cause 28 of 2021)

Nabisere Mukamusinzi Aisha Sentamu v Mirage Trading Co. Limited& Anor (Company Cause 28 of 2021) [2024] UGHCCD 43 (11 March 2024)

Court

HC: Civil Division (Uganda)

Case number

Company Cause 28 of 2021

Judge

Boniface Wamala, J

The High Court dismissed a company dispute as incompetent after finding the parties were bound by an earlier settlement agreement that had not been rescinded.

• Company Share Transfers
• Minority Shareholder Rights
• Company Director Removal
• Settlement Agreements
• Company Meeting Procedures
• Company-law

Lin Chunxiong and Another v Haji Lubega

Lin Chunxiong and Another v Haji Lubega (Civil Suit 324 of 2021) [2023] UGCommC 77 (27 July 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 324 of 2021

Judge

Kahigi Asiimwe, J

The court found that while the original sale agreement's object was prohibited by law due to the 1st Plaintiff's noncitizen status, the 1st Plaintiff was ignorant of this illegality at the time of payment, and the illegal object was never effected. Instead, the parties entered a memorandum of understanding to transfer the land to the 2nd Plaintiff, a Ugandan, and this was completed. These circumstances fell within the statutory exceptions under section 19(2) of the Contracts Act, allowing the Plaintiffs to recover the sums paid. The court rejected the Defendant's claims of duress and torture…

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• Land Sale Agreements
• Noncitizen Land Ownership
• Contract Enforceability
• Illegality In Contracts
• Settlement Agreements

Kaswara v FortPortal Municipal Council and Another

Kaswara v FortPortal Municipal Council and Another (Miscellaneous Application No. 106 of 2019) [2023] UGHCCD 57 (6 March 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 106 of 2019

Judge

Wagona, J

The court found that the withdrawal of the suit was a result of a settlement between the applicant and the respondents, evidenced by undisputed facts and a letter from the Senior Assistant Town Clerk. The respondents' actions precipitated the litigation, and the subsequent adjustment of the containers resolved the applicant's grievance. The Assistant Registrar failed to consider these circumstances when awarding costs. Given the settlement and the interests of justice, this was a proper case for each party to bear its own costs. The order granting costs to the respondents, the certificate of…

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• Withdrawal Of Suit
• Costs Discretion
• Settlement Agreements

Nyende and 44 Others v Shoprite Checkers (U) Limited

Nyende and 44 Others v Shoprite Checkers (U) Limited (Miscellaneous Application No. 119 of 2021) [2022] UGIC 22 (26 October 2022)

Court

Industrial Court of Uganda

Case number

Miscellaneous Application No. 119 of 2021

Judge

Namara, Panel Member, Nabirye, Panel Member, Matovu, Panel Member, Wabwire, J

The Industrial Court ordered Shoprite Checkers (U) Ltd to furnish US$60,000 security by bank guarantee after finding it had left Uganda but not with proven intent to defeat justice.

• Security For Appearance
• Attachment Before Judgment
• Settlement Agreements
• Jurisdictional Exit
• Bank Guarantee
• Security-for-appearance

Opportunity Bank (U) Ltd v Asege Winnie and Another

Opportunity Bank (U) Ltd v Asege Winnie and Another (Civil Appeal No 195 of 2016) [2022] UGCA 364 (8 September 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No 195 of 2016

The Court of Appeal of Uganda recorded a consent withdrawal of Civil Appeal No. 195 of 2016, ordered each party to bear its own costs, and noted a settlement of Ushs. 50,000,000.

• Bank Liability
• Settlement Agreements
• Appeal Withdrawal
• Appeal-withdrawal
• Settlement-agreements
• Commercial-and-corporate

St Kizito sss Bugolobi & Anor v Odyek (Labour Dispute Appeal No. 9 of 2014)

St Kizito sss Bugolobi & Anor v Odyek (Labour Dispute Appeal No. 9 of 2014) [2020] UGIC 26 (11 September 2020)

Court

Industrial Court of Uganda

Case number

Labour Dispute Appeal No. 9 of 2014

The Industrial Court dismissed claims for rent arrears, leave pay, and damages, but ordered payment of the full agreed settlement balance to the respondent.

• Unlawful Termination
• Rent Arrears
• Annual Leave Entitlement
• Damages
• Settlement Agreements
• Employment-law

Muwanga v Katende (H.C.Miscellaneous Application No. 988 of 2020)

Muwanga v Katende (H.C.Miscellaneous Application No. 988 of 2020) [2020] UGCommC 138 (19 March 2020)

Court

Commercial Court of Uganda

Case number

H.C.Miscellaneous Application No. 988 of 2020

Judge

Gaswaga, J

The High Court held that the parties had compromised Civil Suit No. 823 of 2019 and ordered payment of the agreed balance, costs, and application costs.

• Compromise Of Suit
• Settlement Agreements
• Decree On Compromise
• Payment Of Liquidated Sums
• Compromise-of-suit
• Settlement-agreements

Frostmark EHF[through its attorney John Kabandize] V Uganda Fish Packers Ltd

Frostmark EHF[through its attorney John Kabandize] V Uganda Fish Packers Ltd (Civil Appeal No. 114 of 2011) [2019] UGCA 2016 (25 July 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 114 of 2011

Judge

Cheborion, JA, Egonda-Ntende, JA, Tuhaise, JA

The Court of Appeal held that withdrawal of the earlier winding-up cause was not a final determination, so res judicata did not bar the later suit.

• Res Judicata
• Withdrawal Of Suit
• Consent Orders
• Settlement Agreements
• Winding Up Petition
• Res-judicata

Yiga v Maviri

Yiga v Maviri (Civil Appeal No. 34 of 2013) [2017] UGCommC 134 (4 October 2017)

Court

Commercial Court of Uganda

Case number

Civil Appeal No. 34 of 2013

The High Court allowed an appeal, holding the appellant acted for a company rather than personally, and set aside damages awarded for an alleged commission.

• Agency Liability
• Director Personal Liability
• Contract Consideration
• Company Law Memorandum
• Damages Award
• Settlement Agreements

United Bank for Africa (U) Limited v Mody Nouhou Barry

United Bank for Africa (U) Limited v Mody Nouhou Barry (Civil Appeal No. 163 of 2016) [2016] UGCA 99 (13 December 2016)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 163 of 2016

The Court of Appeal of Uganda allowed the parties’ consent withdrawal of the appeal and ordered each side to bear its own costs.

• Banking Disputes
• Settlement Agreements
• Banking-disputes
• Settlement-agreements
• Appeal-withdrawal
• Costs