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This blog does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based on such information, we encourage you to consult with the appropriate professionals. Authors are liable for any plagiarism and Lawpoint Uganda won`t have liability towards the same.


Courts will uphold agreements unless they are void for vagueness or offend public policy. A party cannot later recast a clear and operational contract as provisional to avoid performance
Courts will uphold agreements unless they are void for vagueness, lack consensus, or offend public policy.
A party cannot later recast a clear and operational contract as provisional to avoid performance, especially after having benefited from its terms.
Moshoana J’s articulation of principle, contextual contract interpretation, and procedural precision further elevate the judgment as a teaching piece on both substance and form. Like the song at the heart of the dispute, t

Waboga David
May 102 min read


THE SUPREME COURT REAFFIRMS THAT ONLY PARTIES TO A CONTRACT (OR THOSE VALIDLY ASSIGNED) CAN SUE OR BE SUED ON IT. MERE PERFORMANCE OF A CONTRACT DOES NOT SUBSTITUTE FOR FORMAL ASSIGNMENT OR NOVATION.
Allegations of fraud, especially where fraud vitiates the contract, must be scrutinised by the court. Arbitration cannot cure contracts tainted by fraud or concealment of material facts, as this is contrary to public policy.

Cleopatra Abikiira
Apr 288 min read


A DEBTOR MUST MAINTAIN COMMUNICATION WITH THE CREDITOR, PARTICULARLY IN CASES OF FINANCIAL DIFFICULTY, HIGH COURT REAFFIRMS
When a person takes goods or services from another person on credit, it is imperative to keep the communication channels open.

Waboga David
Apr 23 min read


High Court Clarifies the Jurisdiction of Courts in Arbitration-Related Disputes- A Party's Failure to Comply With Contractual Terms Cannot be Used to Justify Non-Payment For Work Already Done.
If parties engage substantially in litigation without raising arbitration objections, courts may find that the arbitration clause has been

Waboga David
Feb 215 min read


HIGH COURT AFFIRMS THAT MONEY LENDING AGREEMENTS THAT LACK STATUTORY COMPLIANCE ARE VOID AND UNENFORCEABLE
The absence of a party’s signature or third-party witness on a loan agreement implies a lack of consensus, rendering the contract invalid.

Waboga David
Feb 204 min read


A Purchaser Cannot Claim Ownership or Seek Equitable Remedies Based on Unilateral Actions Undertaken Without Fulfilling Their Contractual Obligations, High Court Affirms.
While equity grants the purchaser an interest in the property upon execution of a sale agreement, this is contingent on compliance with cont

Waboga David
Jan 105 min read


CASE BRIEF OF HERITAGE OIL AND GAS LTD V UGANDA REVENUE AUTHORITY CIVIL APPEAL NO.14 OF 2011
Tax Appeals Tribunal cannot refer disputes before it for arbitration even if the parties had an already existing agreement that permits it

Mbabazi Cindy Patricia
Jan 23 min read


High Court Clarifies That the Mandatory Writing Requirement for Contracts Exceeding 25 Currency Points (UGX 500,000) Is Flexible Under the Contracts Act in Uganda.
The court clarified that while written agreements for contracts exceeding 25 currency points are strongly recommended to simplify proof of a

Waboga David
Dec 31, 20245 min read


Court Delivers Landmark Decision on Exclusive Distribution Agreements, Clarifying The Legal Framework for Commercial Contracts : Translink Limited vs Chemi & Cotex Industries Limited (Tanzania)
Generally, a distributor operates at his own risk and in his own name. An agent, on the hand, is an intermediary who procures business for a

Waboga David
Jun 26, 20249 min read


Uganda Supreme Court Rules Written Agreements Presumed Final and Binding: Kavuya & 2 Others v Wakanyira.
A party is estopped from contradicting their own written agreement

Lawpointuganda
Jun 21, 20245 min read
![The Elements of a Valid Contract: Insights from Greenboat Entertainment Ltd Vs City Council of Kampala. (HCT-00-CC-CS 580 of 2003) [2007] UGCommC 21 (26 February 2007).](https://static.wixstatic.com/media/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.jpg/v1/fill/w_334,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.webp)
![The Elements of a Valid Contract: Insights from Greenboat Entertainment Ltd Vs City Council of Kampala. (HCT-00-CC-CS 580 of 2003) [2007] UGCommC 21 (26 February 2007).](https://static.wixstatic.com/media/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.jpg/v1/fill/w_306,h_229,fp_0.50_0.50,q_90,enc_avif,quality_auto/45446b_ac6a2f9b605c4a6e9fb33e0da065170d~mv2.webp)
The Elements of a Valid Contract: Insights from Greenboat Entertainment Ltd Vs City Council of Kampala. (HCT-00-CC-CS 580 of 2003) [2007] UGCommC 21 (26 February 2007).
To understand whether the renewed contract was valid its vital to appreciate the formalities under which a contract can be made, a contract

Lawpointuganda
Jun 10, 20244 min read
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