The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
In this case the defendant raised a preliminary objection to the suit on grounds that the suit is time barred and that the High Court of Uganda has no jurisdiction to try the suit. The court stated that it could not decide on the issue of time until it makes a determination on whether it could exercise its jurisdiction in the matter. The court relied on article 139 of the Constitution and the rule that a contract cannot oust the jurisdiction of the high court and held that a clause to submit to the exclusive jurisdiction of the foreign court is enforceable by the High Court. However, the court stated that the jurisdiction of the court in such circumstances is subject to the plaintiff justifying the filing of the action in Uganda, for instance by proving that the defendant was using the exclusive jurisdiction clause to avoid liability. The court was satisfied that the plaintiff in this case had failed to do so. Accordingly, the court enforced the terms of the contract, sustained the preliminary objection and dismissed the suit with costs.