Review of Common commercial Cases: What to Look Out For By Justice Geoffrey Kiryabwire Commercial Court Division

Objectives of the review 1. Review shall not cover the substantive law 2. Sensitise participants on the types of cases 3. Discuss issues related to pleadings 4. Discuss issues related to evidence 5. Discuss interlocutory applications 6. Discuss Judgments and Rulings

Types of cases Contracts, deals, promises, companies gone bad or rights and obligations violated. Contracts, deals, promises, companies gone bad or rights and obligations violated. Issues of company governance Issues of company governance Disguised commercial cases Disguised commercial cases - Business rivalry - Clamour for business space - Multiplicity of cases

Duty of Judicial Officers Judicial officers must determine and or ensure that:- - The case is of a commercial nature - That there is no abuse of court process - That parties have exhausted other remedies - Maintain the business objective to maximise profit and minimise loses

Pleadings Proceed where ADR has failed Proceed where ADR has failed Read file and pleadings before trial Read file and pleadings before trial Commercial cases can be technical and confusing Commercial cases can be technical and confusing Plaint Plaint - Clear and concise as to cause of action, claims and remedies

Pleadings Defence Defence - Must answer the plaint (not general denials) - If not denied then what is disputed - Counter claim must be as clear as a plaint and value exceed that claimed in the Plaint * Summary of evidence and annextures to be attached.

Evidence/Hearings Try to insist on having clients in court Try to insist on having clients in court Follow scheduling memo Follow scheduling memo Enquire as to what witnesses will say to avoid duplication (where many are listed) Enquire as to what witnesses will say to avoid duplication (where many are listed) Commercial cases are civil cases and the burden of proof is that of a balance of probabilities only unless fraud is alleged. Commercial cases are civil cases and the burden of proof is that of a balance of probabilities only unless fraud is alleged.

Evidence/Hearings Complicated cases of fact (sale of goods, e commerce, intellectual property) Complicated cases of fact (sale of goods, e commerce, intellectual property) - Use expert witnesses (single/joint) - TORS that are binding - Give judgment on facts accordingly Use witness statements and then cross examine Use witness statements and then cross examine Avoid lengthy runway cross examinations Avoid lengthy runway cross examinations

Interlocutory matters Read article “Interlocutory applications Principles and Practice” Journal of Uganda Judicial Officers Association Vol. 11 March 2005 Read article “Interlocutory applications Principles and Practice” Journal of Uganda Judicial Officers Association Vol. 11 March 2005 Order 12 limits such applications after scheduling Order 12 limits such applications after scheduling