Uganda Case Law

Rushfah Trading Co. Ltd v Chongqing International Construction Corporation Ltd and Bi-Energy General Trading LLC (Misc. Application No. 210 of 2024)

Rushfah Trading Co. Ltd v Chongqing International Construction Corporation Ltd and Bi-Energy General Trading LLC (Misc. Application No. 210 of 2024) [2025] UGCommC 218 (15 July 2025)

Court

Commercial Court of Uganda

Case number

Misc. Application No. 210 of 2024

Judge

Susan Odongo, J

The High Court dismissed an application to stay execution of a consent judgment, finding no sufficient cause and holding the request was barred by res judicata and abuse of process.

• Stay Of Execution
• Consent Judgment
• Third Party Proceedings
• Res Judicata
• Abuse Of Process
• Stay-of-execution

TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited

TBH Holdings Limited v Mpalanyi Faizo Niwamanya and Multichoice Uganda Limited (Miscellaneous Application No. 2683 of 2024) [2025] UGCommC 89 (28 March 2025)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 2683 of 2024

Judge

Tumusiime Rubagumya, J

The Court found that TBH Holdings Limited is a necessary party to Civil Suit No. 1390 of 2024 because the alleged infringement was committed by its employee, and the Applicant has an indemnity agreement with the 2nd Respondent. The Applicant's presence is required to effectually and completely adjudicate all questions involved and to avoid multiplicity of suits. The Court rejected the Respondent's argument that lack of a direct cause of action precludes joinder, citing established precedent that necessity for complete adjudication is sufficient. The Court also found that third party proceedin…

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• Joinder Of Parties
• Indemnity Contracts
• Third Party Proceedings
• Adjudication Of Questions
• Multiplicity Of Suits

ATC Uganda Limited v Omiya Pachwo Sub County Local Government

ATC Uganda Limited v Omiya Pachwo Sub County Local Government (Miscellaneous Application 10 of 2024) [2024] UGHC 743 (15 August 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 10 of 2024

Judge

Mwaka, J

The court found that the indemnity clause in the License Agreement between the Applicant and Respondent was limited to environmental claims and did not extend to claims of trespass or ownership as alleged in the main suit. However, the court held that the Applicant's claim for contribution against the Respondent, as the licensor who asserted ownership and licensed the land to the Applicant, established a sufficient nexus to the subject matter of the main suit. The court reasoned that joining the Respondent as a Third Party would allow for comprehensive determination of all interests in the la…

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• Third Party Proceedings
• Joinder Of Parties
• Trespass To Land
• Indemnity And Contribution

Umeme Limited v Kefa & Another

Umeme Limited v Kefa & Another (Miscellaneous Application 130 of 2023) [2023] UGHC 472 (18 December 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 130 of 2023

Judge

Kaahwa, J

The applicant demonstrated sufficient grounds for joining Sanlam General Insurance (U) Ltd as a third party, based on the subsisting General Liability Insurance Policy which expressly provides for indemnity and legal costs in respect of claims arising from the suit. The subject matter between the applicant and the third party is identical to that between the plaintiff and the defendant, fulfilling the requirements for third party proceedings. The addition of the third party will not prejudice the plaintiffs and serves the interests of justice by enabling all related disputes to be resolved in…

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• Third Party Proceedings
• Indemnity Claims
• Insurance Liability
• Joinder Of Parties

Otto v Okot & 2 Ors

Otto v Okot & 2 Ors (Miscellaneous Civil Application No. 158 of 2014) [2019] UGHCCD 61 (12 February 2019)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Civil Application No. 158 of 2014

Judge

Stephen Mubiru, J

The High Court dismissed an application for judgment in default against third parties, holding that proper third-party procedure, service, and a decree against the defendant were missing.

• Third Party Proceedings
• Default Judgment
• Premature Application
• Third-party-proceedings
• Default-judgment
• Civil-procedure

Olal v Nsereko & 2 Ors

Olal v Nsereko & 2 Ors (Civil Suit No. 113 of 2011) [2017] UGCommC 9 (10 February 2017)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 113 of 2011

High Court judgment on a vehicle sale dispute, holding the second defendant not liable because the logbook issue arose from Uganda Revenue Authority, and dismissing the third-party proceedings.

• Sale Of Goods
• Vehicle Registration
• Third Party Proceedings
• Cause Of Action
• Damages
• Statutory Duties

Mugoya Vs Kyangwe & Anor (Revision Cause No. 012 of 2012)

Mugoya Vs Kyangwe & Anor (Revision Cause No. 012 of 2012) [2014] UGHCCD 200 (10 December 2014)

Court

HC: Civil Division (Uganda)

Case number

Revision Cause No. 012 of 2012

Judge

Namundi, J

The High Court revised a magistrate’s order entering judgment on admission and dismissing third-party proceedings, finding material irregularity and remitting the case for proper trial.

• Revision Jurisdiction
• Judgment On Admission
• Third Party Proceedings
• Natural Justice
• Summary Suit Procedure
• Civil-procedure

Transstrack v Damco Logistics Uganda Ltd

Transstrack v Damco Logistics Uganda Ltd (Miscellaneous Application No. 394 of 2010) [2011] UGCommC 202 (8 April 2011)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 394 of 2010

The High Court of Uganda's jurisdiction is constitutional and statutory and cannot be ousted by a contractual clause. While parties may agree to submit disputes to the exclusive jurisdiction of foreign courts, such clauses do not automatically deprive the High Court of its jurisdiction; rather, the court retains discretion to enforce the contract or stay proceedings. Furthermore, only parties to the contract may invoke or be bound by its jurisdiction clause. In this case, the relevant contract was between Transtrac Ltd and Maersk Uganda Limited, and neither the respondent nor the plaintiff in…

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• Jurisdiction Clauses
• Privity Of Contract
• Third Party Proceedings
• Contractual Dispute Resolution

Lasto Mayanja v Lugya

Lasto Mayanja v Lugya (Miscellaneous Application No. 1236 of 2014) [2015] UGHCLD 1 (10 March 2015)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 1236 of 2014

Judge

Anna B. Mugenyi, J

The application for a third party notice fails because the causes of action between the defendant and the respondent are not identical; the plaintiff's claim is based on trespass, while the defendant's claim against the respondent is based on misrepresentation. There is no express or implied contractual obligation for indemnity in the sale agreement, nor is there a legal or equitable basis for such an obligation arising from misrepresentation. The law requires that for a third party to be joined, both the subject matter and the cause of action must be the same, which is not the case here. The…

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• Third Party Proceedings
• Indemnity Claims
• Misrepresentation In Land Sale
• Trespass To Land