Uganda Case Law

Equity Bank (U) Limited v Rubahimbya

Equity Bank (U) Limited v Rubahimbya (Civil Appeal 19 of 2023) [2024] UGHC 124 (4 April 2024)

Court

High Court of Uganda

Case number

Civil Appeal 19 of 2023

Judge

Allan Nshimye, J

The court found that the respondent, having mortgaged his property and defaulted on his loan obligations, did not fall within the exception under Regulation 13(6) of the Mortgage Regulations, which is limited to spouses. The Deputy Registrar erred in waiving the mandatory 30% security deposit before granting a temporary injunction to stop the sale of the mortgaged property. The court distinguished the Nakayaga case cited by the respondent, noting that it involved spousal consent issues not present here. The proper procedure requires the mortgagee to issue a fresh notice under Section 19(3) of…

Source excerpt

• Mortgage Enforcement
• Temporary Injunctions
• Security Deposit Requirements
• Power Of Sale
• Appeal From Registrar

Muwanga and 2 Others v Kigonya and 2 Others

Muwanga and 2 Others v Kigonya and 2 Others (Miscellaneous Application 117 of 2022) [2023] UGHCFD 44 (2 January 2023)

Court

HC: Family Division (Uganda)

Case number

Miscellaneous Application 117 of 2022

Judge

Katunguka Kitariisibwa, J

The High Court set aside a consolidation order, holding that preliminary points of law should have been determined first because they could affect the existence of the suit.

• Consolidation Of Suits
• Right To Be Heard
• Preliminary Objections
• Appeal From Registrar
• Consolidation-of-suits
• Preliminary-objections

China Railways No. 3 Engineering Company Limited v Muwema and Company Advocates and Solicitors

China Railways No. 3 Engineering Company Limited v Muwema and Company Advocates and Solicitors (Miscellaneous Appeal No. 40 of 2021) [2022] UGHCCD 246 (30 November 2022)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Appeal No. 40 of 2021

Judge

Musa Ssekaana, J

The High Court set aside ex-parte orders made by the Deputy Registrar and directed that the related cause and application be heard inter partes before another registrar.

• Setting Aside Ex Parte Orders
• Appeal From Registrar
• Fair Hearing
• Joinder Of Parties
• Procedural Irregularity
• Appeal-from-registrar