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Commercial Court (Practice) Directions

Legal Notice 5 of 1996 Current version · as at 05 July 1996
Enacted1996
Commenced05 July 1996
Last amended—
Point-in-time consolidation · as at 05 July 1996. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

0 parts · 6 sections

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Commercial Court (Practice) Directions

Commenced on 05 July 1996

[This is the version of this document at 05 July 1996.]

1. These Directions may be cited as the Commercial Court Title

(Practice)

Directions, 1996.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “These Directions may be cited as the Commercial Court Title”.

“(Practice) Directions, 1996.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (Practice) Directions, 1996.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

2. (1) With effect from 1st July,

1996 the four Divisions of Commerical Court. the High Court will include a Commercial Division, in order to address the issue of putting in place effective measures for stream lining the machinery for Judicial resolution of commercial disputes.

(2)

In the furtherance of the work of the Commercial Division, it has been decided to establish, a Commercial Court, capable of delivering to the commercial community an efficient, expeditious and cost-effective mode of adjudicating disputes that affect directly and significantly the economic, commercial and financial life of Uganda.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Governing rule

This section states the governing statutory rule for “(1) With effect from 1st July,”.

“1996 the four Divisions of Commerical Court. the High Court will include a Commercial Division, in order to address the issue of putting in place effective measures for stream lining the machinery for Judicial resolution of commercial disputes.”
Primary legislation Source quotation matched
Practical effect

Use this section as the starting statutory rule for “(1) With effect from 1st July,”, together with the linked provisions and current consolidation.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (2) In the furtherance of the work of the Commercial Division, it has been decided to establish, a Commercial Court, capable of delivering to the commercial community an efficient, expeditious and cost-effective mode of adjudicating disputes that affect directly and significantly the economic, commercial and financial life of Uganda.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

3. Initially, Compo

sition of Commercial (a) the Commercial Court will comprise one full-time Court Commercial Judge, who will be assisted by a part- time Judge;

(b)

the day to day administrative management of the business of the Commercial Court, including the preparation of the Court's cause list, will be under the head of the Commercial Court; who will be assisted by the Registrar (Commercial); (c) the Commercial Court will be located in the High Court Building at Kampala.

Jurisdiction 4. (1) The business of the Commercial Court shall comprise of I he Commercial all actions arising out of or connected with any relationship of a Court commercial or business nature, whether contractual or not, and to include, but not be limited to-

(a)

the supply or exchange of goods and services; (b) banking, negotiable instruments, international credit and similar financial services; (c) insurance, reinsurance; (d) the operation of stock and foreign exchange markets;

(e)

the carriage of goods (by water, land, and air); (f) foreign judgments and commercial arbitration questions. (2) In the event of any doubt as to whether a matter is commercial or not, the Registrar at the outset or the Commercial Judge during the course of the action, will have power to resolve differences of opinion.

Piocedure 5. (1) The ordinary Rules of the High Court will apply to and practice of the all Commercial actions, subject to the clarifications set forth in Commercial this Practice Direction. Court (2) The procedure in, and progress of a commercial action shall be under the direct control of the Commercial Judge who will, to the extent possible, be proactive.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Jurisdictional rule

This section establishes the jurisdictional rule for “Initially, Compo”.

“sition of Commercial (a) the Commercial Court will comprise one full-time Court Commercial Judge, who will be assisted by a part- time Judge;”
Primary legislation Source quotation matched
Practical effect

A litigant should establish this jurisdictional basis before asking the court to determine the merits.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (b) the day to day administrative management of the business of the Commercial Court, including the preparation of the Court's cause list, will be under the head of the Commercial Court; who will be assisted by the Registrar (Commercial); (c) the Commercial Court will be located in the High Court Building at Kampala.
  2. (a) the supply or exchange of goods and services; (b) banking, negotiable instruments, international credit and similar financial services; (c) insurance, reinsurance; (d) the operation of stock and foreign exchange markets;
  3. (e) the carriage of goods (by water, land, and air); (f) foreign judgments and commercial arbitration questions. (2) In the event of any doubt as to whether a matter is commercial or not, the Registrar at the outset or the Commercial Judge during the course of the action, will have power to resolve differences of opinion.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

6. (1) At the discretion of the

Commercial Judge a prelim Preliminary hearing inary hearing may be held. (2) The preliminary hearing will aim at achieving a serious discussion of the issues in the cause, and the steps necessary to resolve them. Counsel appearing at the hearing will be expected to be aware of the issues and the principal contentions on each side, and to be in a position to inform the Court of them. In the event, the Court may direct that no further pleading is required. (3) The Court will seek to set realistic time-limits for the hearing. Once established, those time-limits will be expected to be adhered to and extension will only be granted in special circumstances. (4) The Commercial Judge, at this stage will deal with all interlocutory matters. (5) Preliminary hearings will normally be heard in Chambers.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “(1) At the discretion of the”.

“Commercial Judge a prelim Preliminary hearing inary hearing may be held. (2) The preliminary hearing will aim at achieving a serious discussion of the issues in the cause, and the steps necessary to resolve them. Counsel appearing at the hearing will be expected to be aware of the issues and the principal contentions on each side, and to be in a position to inform the Court of them. In the event, the Court may direct that no further pleading is required. (3) The Court will seek to set realistic time-limits for the…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Commercial Judge a prelim Preliminary hearing inary hearing may be held. (2) The preliminary hearing will aim at achieving a serious discussion of the issues in the cause, and the steps necessary to resolve them. Counsel appearing at the hearing will be expected to be aware of the issues and the principal contentions on each side, and to be in a position to inform the Court of them. In the event, the Court may direct that no further pleading is required. (3) The Court will seek to set realistic time-limits for the hearing. Once established, those time-limits will be expected to be adhered to and extension will only be granted in special circumstances. (4) The Commercial Judge, at this stage will deal with all interlocutory matters. (5) Preliminary hearings will normally be heard in Chambers.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

7. Failure by

a party to comply in a timely manner with any Non-comp liance of order made by the Commercial Judge in a Commercial action panics. shall entitle the Judge, at his own instance, to refuse to extend any period of compliance with an order of the Court; or to dis miss the action or counter-claim, in whole or in part; or to award costs -as the Judge thinks fit.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Failure by”.

“a party to comply in a timely manner with any Non-comp liance of order made by the Commercial Judge in a Commercial action panics. shall entitle the Judge, at his own instance, to refuse to extend any period of compliance with an order of the Court; or to dis miss the action or counter-claim, in whole or in part; or to award costs -as the Judge thinks fit.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. a party to comply in a timely manner with any Non-comp liance of order made by the Commercial Judge in a Commercial action panics. shall entitle the Judge, at his own instance, to refuse to extend any period of compliance with an order of the Court; or to dis miss the action or counter-claim, in whole or in part; or to award costs -as the Judge thinks fit.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

8. Arrangements will, to the greatest extent

possible, be General made to ensure that the same judge presides at all appearances of a Commercial action. Parties are expected to arrange for their Counsel or other authorised representative to be available and to appear at the Court hearings.

S.W.W. WAMBUZ1, Chief Justice.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Scope rule

This section defines when and how “Arrangements will, to the greatest extent” applies.

“possible, be General made to ensure that the same judge presides at all appearances of a Commercial action. Parties are expected to arrange for their Counsel or other authorised representative to be available and to appear at the Court hearings.”
Primary legislation Source quotation matched
Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Original Laws of Uganda consolidation (as at 05 July 1996) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.