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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.
Fredrick J.k Zaabwe v Orient Bank Ltd and 5 Others ((Civil Appeal No.4 of 2006)) [2007] UGSC 21 (10 July 2007); 
Bank-Customer Relationship Bank Banking, Finance and Insurance Law Fraud Delict and Tort Law Agency Fiduciary Duties Breach of Fiduciary Duties Fiduciary Duties Fiduciary Duty of A Bank Fiduciary relationships Fiduciary Duties Mortgage Mortgage, loans and bonds Property Law CL IndexThis is a second appeal by the appellant, both
his original suit in the High Court and his
subsequent appeal to the Court of Appeal
having been dismissed. The background is
that the appellant thought to borrow money
from the respondent and gave security as his
land, the issued cheque bounced and the
respondent used the security to secure a
mortgage from the first respondent which he
failed to pay and the first respondent sold the
land. The appellant was evicted and the
business closed and the appellant alleged
fraud but was unsuccessful both at high court
and court of appeal hence this appeal on the
grounds of the sale of land using the power of
attorney, the validity of the mortgage on the
appellants land, holding on fraud, improper
consideration of the evidence on record and
complete disregard of the facts.
Immelda Nassanga v Stanbic Bank and Another ((Civil Appeal No.10 of 2005)) [2007] UGSC 8 (21 September 2007); Attachment of Property Civil Remedies Sale of Property Sale of personal property Property Law Warrant For Sale of Property Sale of real property Property Law Bona Fide Purchaser Sellers and purchasers Property Law CL IndexThis is a second appeal from the Court of
Appeal which dismissed the appellant’s
appeal against the judgment and orders of the
High Court. The background is that the
second respondent obtained a loan from UCB
and they were given a tractor and a trailer
which was attached and the first respondent
sued to recover on the claim that it had been
wrongly attached. The trial court and the court
of appeal dismissed the suit hence this further
appeal on the grounds that the sale and
auction was unlawful, the mode of recovering
the property and the holding that the plaintiff
wasn’t a bonafide purchaser for value.
Nsimbe Holdings v Attorney General, Inspector General Of Police ((Constitutional Petition No.2 Of 2006)) [2007] UGCC 7 (5 November 2007); CL Index Locus Standi Parties Civil Procedure Incorporation Company Law Powers of The Attorney-General Powers of certain actors Constitutional LawThe applicant approached the court to set aside the legal opinion and report of the first and second respondents’ respectively and in turn, the respondents challenged the validity of the application before the court.
The court considered whether the applicant was properly incorporated and whether it had locus standi to bring a petition before the court.
It was held that the applicant indeed did not have locus standi to petition the court to challenge the findings of the respondents due to not being properly incorporated.
The court found that the merger between the entities that formed the applicant was in contravention of both the Constitution and legislation regulating companies. The court held that the Constitution was violated on two occasions. Firstly, when an agreement was entered into with an entity controlled by the government without the approval of the Attorney-General. Secondly, when the entity controlled by the government decided to hold a minority shareholding in the company that assisted in incorporating the applicant, which had the effect of parliament not having control of the funds as required. Legislation regulating companies was not complied with since the requirement for incorporating a private company was not observed.
As a result, the preliminary objection raised by the respondents succeeded. The applicant did not exist in law thus it could not sue or be sued. No costs ordered as the applicant does not exist.
Greenboat Entertainment Ltd V City Council of Kampala ((HCT-00-CC-CS-0580-2003)) [2007] UGCOMMC 21 (26 February 2007); CL Index Breach of Contract Contract Law Contract Renewal Variation and amendment of contract Contract Law Legislation and Contract Contract Law Contract Validity Formation and validity of Contract Contract Law Verbal Understanding Formation and validity of Contract Contract LawThe plaintiff sought relief from the court for alleged breach of contract said to have been committed by the defendant. The alleged breach was on the basis that the defendant had renewed a contract the parties had entered into and breached the contract by awarding a tender to another bidder.
In considering whether there was a breach of contract, the court essentially had to decide whether the contract between the parties was renewed.
The court held that the contract was not renewed, thus no breach of contract had taken place.
The court examined the clauses of the contract that was entered into along with legislation that provides guidance regarding procurement in local government in reaching its decision. From the above instruments, the court stated that for renewal to take place, it would have to be in accordance with clause 17.1.1 of the contract and through legislation.
Seeing that that was not the case, the court stated that there was only an oral understanding between the parties to continue working together even after the contract between them had expired.
The suit by the plaintiff was dismissed with costs. Since there was no breach of contract, no remedies were available to the plaintiff.