Nyirabashitsi v R.L Jain Limited
Nyirabashitsi v R.L Jain Limited (Civil Suit 568 of 2019) [2023] UGCommC 231 (28 March 2023)
The court found that the Plaintiff executed a legal mortgage with the deceased for UGX 4,400,000, and although the mortgagee's signature was omitted, the transaction was witnessed and not denied, rendering the omission non-fatal. The Deed of Assignment was valid, as the deceased's personal representative lawfully assigned the mortgage to the Defendant, who then acquired the right to recover the loan. The Plaintiff failed to discharge the burden of proof regarding repayment, as no documentary evidence was provided. The first three loans governed by the Money Lenders Act were time-barred, but t…
Source excerpt
- Mortgage Validity
- Assignment Of Loans
- Money Lending Contracts
- Limitation Periods
- Burden Of Proof
- Remedies For Breach