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.
The applicant is appealing the judgment in its favour from a civil suit it instituted against the respondent. The review was brought on the ground of mistake or error apparent on the face of the record.
The civil suit sought a declaration that the respondents’ auction of the applicants’ 6990 beds of sugar was unlawful, and the court held that it was. However, the court awarded damages for the sale 736 unaccounted bags instead of 6990 unaccounted bags, which was the evidence on record and finding of the court. The sales were in breach of s 57(2) of the East African Community Customs Management Act.
The respondents filed a notice of appeal against the judgment, and contended that there was no error apparent on the face of the record. The award for 736 bags was based on evidence in which the applicant acknowledged that the respondent had accounted for 6254 bags. It was held that the applicant was entitled to file an application for review pending the appeal by the respondent.
The issue for determination was whether there was an error or mistake apparent on the face of the record.
The court held that the judgment was reviewed to the extent that it was erroneous to order special damages for 736 bags, which number was correct. The correct order was the difference between the applicant’s claim and the amount at which the sugar was auctioned; not special damages. The court substituted the amount with the sum of the difference, which was approximate 190 million Ugandan shillings.
The court made a ruling on a preliminary objection raised against a suit filed by the respondent to review a consent judgment executed between the applicants and the Uganda Revenue Authority. The applicants submitted that the respondent lacked locus standi to make the application according to Order 46 rule 1 of the Civil Procedure Rules.
The court went into some detail and examined who a ‘person aggrieved’ is. It was held that the expression referred to a person who suffered a legal grievance. However, the court in its interpretation followed English law and held that the expression cannot be restricted to definite categories with sharp definitive lines (restrictive interpretation). Consequently, the court held that the expression would also cover public interest litigation as embodied in the Ugandan Constitution, to include a member of the public who brings an action to ensure that the law is enforced or upheld.
The court noted that the objection was procedural and that the respondent’s application for review was procedurally incorrect since it was framed as a public interest litigation application. The court therefore determined that the main issue before it was whether a wrong procedure invalidates the proceedings. The court relied on article 126(2)(e) of the constitution in making a holding that the court had jurisdiction to determine the matter without undue regard to the technicalities.
Accordingly, the court dismissed the application with costs.
The court considered a review application arising from an application surrounding a facilitation agreement between the parties.
A receiver was appointed and it was alleged that there was a conflict of interest. The first respondent was appointed, but the directors refused to hand over the management of the company. An order was sought, to declare the duties and functions of the receiver.
The court held that it was the receiver’s duty to make returns and accounts, to uphold his fiduciary duty to the company and investigate the causes of the company’s failure. Therefore, the receiver was expected to take charge of the business.
It was found that there was nothing prohibiting the appointment of a receiver from the same firm representing the creditor. The applicant argued that it was an error on the face of it to appoint the advocate of the second respondent as the Receiver as it was a conflict of interest.
The court found that an error on the face of it must be an error on a substantial point of law staring one in the face, leaving one with no other options. Whereas, an error which has to be established by a process of reasoning, cannot be said to be an error on the face of the record.
The court found that the applicant was asking the court to review something that was never an issue in the original application.
The court held that to bring an application for review on a prayer which did not form part of the original application is improper and would cause an injustice.