Uganda Case Law

Babirye Yudaya, Burhan Namanya &Hussein Simbwa v Uganda Muslim Supreme Council (Company Cause 2 of 2023)

Babirye Yudaya, Burhan Namanya &Hussein Simbwa v Uganda Muslim Supreme Council (Company Cause 2 of 2023) [2023] UGHC 231 (12 December 2023)

Court

High Court of Uganda

Case number

Company Cause 2 of 2023

Judge

Bukirwa, J

The High Court found unfair prejudice in the governance of UMSC, but declined winding up. It ordered a special General Assembly to review the council’s affairs.

• Company Management Disputes
• Unfair Prejudice
• Internal Governance
• Remedies For Breach Of Constitution
• Unfair-prejudice
• Company-governance

Ntinda Industrial Estate Development Association Limited v Kampala General Furnishing Limited

Ntinda Industrial Estate Development Association Limited v Kampala General Furnishing Limited (Miscellaneous Application 424 of 2021) [2023] UGHCLD 141 (31 May 2023)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 424 of 2021

Judge

Basaza, J

The High Court struck out a plaint brought by a shareholder against a company because the claim should have been brought by petition under the Companies Act.

• Company Law
• Corporate Personality
• Derivative Actions
• Unfair Prejudice
• Procedural Irregularity
• Company-law

Cliff Masagazi v Afriland First Bank (U) Limited (Company Cause No. 8 of 2020)

Cliff Masagazi v Afriland First Bank (U) Limited (Company Cause No. 8 of 2020) [2021] UGHC 48 (24 June 2021)

Court

High Court of Uganda

Case number

Company Cause No. 8 of 2020

Judge

Musa Ssekaana, J

The court found that while the petition disclosed a cause of action, the petitioner failed to prove on a balance of probabilities that his 15% shares were paid up, either in cash or by valid non-cash consideration. The evidence, including the annual return of allotment, was inconclusive and riddled with errors, and there was no contract or board resolution supporting non-cash payment. The court held that the respondent's actions, including calls on unpaid shares and exclusion from certain meetings, were in accordance with the Articles of Association and did not amount to oppression or unfair…

Source excerpt

• Share Allotment
• Unfair Prejudice
• Oppression Of Minority Shareholder
• Company Management
• Shareholder Rights

Ofwono & Anor v African Cable Networks Ltd (HCT-00-CV-CI-0025 -2015)

Ofwono & Anor v African Cable Networks Ltd (HCT-00-CV-CI-0025 -2015) [2016] UGHCCD 21 (25 April 2016)

Court

HC: Civil Division (Uganda)

Case number

HCT-00-CV-CI-0025 -2015

Judge

Musota, J

The High Court of Uganda found unfair prejudice in the management of a company and ordered an AGM, relief on company conduct, and costs for the petitioners.

• Unfair Prejudice
• Minority Shareholder Protection
• Company Management
• Director Remuneration
• Failure To Hold Agm
• Unfair-prejudice