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29 Nov 2023

Civil Procedure [2023] UGCommC 188

I & M Bank Limited v Mango & Another

I & M Bank Limited v Mango & Another (Miscellaneous Appeal 18 of 2023) [2023] UGCommC 188 (29 November 2023)

Court: Commercial Court of Uganda
Case number: Miscellaneous Appeal 18 of 2023
Judge: Mutesi, J

The appeal succeeded because the learned Deputy Registrar erred in law and fact by failing to enforce Regulation 13 of the Mortgage Regulations, 2012. The process of sale of the mortgaged security had commenced upon issuance of notices of default, thereby triggering the requirement for a 30% security deposit as a condition for granting a temporary injunction. The absence of a valuation report does not preclude the application of Regulation 13; the deposit may be calculated based on the outstanding loan amount. The 1st respondent's affidavit in reply was struck out due to incurable defects in…

Source excerpt

Mortgage Regulations
Temporary Injunctions
Security Deposit Requirement
Foreclosure Process
Affidavit Formality
Loan Default

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25 Oct 2012

Civil Procedure [2012] UGHC 214

Nakaima Kiiza v Tusiime Nsubuga (Originating Summons No. 06 of 2011)

Nakaima Kiiza v Tusiime Nsubuga (Originating Summons No. 06 of 2011) [2012] UGHC 214 (25 October 2012)

Court: High Court of Uganda
Case number: Originating Summons No. 06 of 2011
Judge: Tuhaise, J

The omission to indicate who drafted the affidavits is a mere technicality and does not affect the substantive justice of the case. In line with Article 126(e) of the Constitution and relevant case law, such technical defects should not vitiate affidavits or prevent the court from administering justice. The plaintiff's Counsel is ordered to indicate who drew the affidavits and is penalized in costs, but the affidavits are not struck out.