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Uganda decisions
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Birungi v Commissioner Land Registration (Miscellaneous Cause No. 26 of 2019) [2020] UGHC 30 (13 February 2020)
Ex parte, the High Court granted Birungi Fausia a vesting order for land in Masindi after finding she had paid the purchase price, taken possession, and could not obtain transfer otherwise.
Fiba Coffee (U) Ltd v Greenland Bank Ltd & Anor (Civil Suit No. 104 of 2012) [2016] UGCommC 72 (22 March 2016)
The High Court held that Bank of Uganda, as statutory liquidator, was entitled to defend Greenland Bank Ltd in a dispute over alleged unlawful account debits.
Century Enterprises Ltd v Greenland Bank (in liquidation) (HCT-00-CC-MA 916 of 2004) [2005] UGCommC 18 (9 May 2005)
The High Court allowed a defended application despite late service, holding that procedural non-compliance should not defeat the merits where justice required a hearing.
The Co-operative Bank Ltd v Kabaco(u) Ltd (Misc.App.No.73 OF 2003 ) (Misc.App.No. 73 of 2003) [2003] UGHC 81 (14 March 2003)
The court found that the applicant failed to prove any of the requirements for a stay of execution, including good cause, special circumstances, and evidence of an intended cross-appeal or its likelihood of success. The assertion of a cross-appeal was unsupported by evidence, and no special circumstances were demonstrated. The relevant law for stay of execution in this context is not Order 39 rule 3 of the Civil Procedure Rules, as the matter concerns an appeal to the Court of Appeal. The application was therefore dismissed with costs.
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Namugerwa Moses v Bank of Uganda (Civil Suit No. 1525 of 2000) [2001] UGHC 2 (10 September 2001)
The High Court of Uganda held Bank of Uganda liable for damage to and loss of use of the plaintiff’s BMW while it was in the bank’s control.
International Credit Bank Ltd (In Liquidation) v Sanyutex Limited (MISC. APPLICATION NO. 22 OF 2001) [2001] UGHC 122 (22 February 2001)
The High Court of Uganda dismissed an application for leave to defend a summary claim over an overdrawn account and entered judgment for the bank in liquidation.
Greenland Bank Limited v Westmont Land (Asia) (Civil Suit 309 of 1999) [1999] UGHC 23 (10 September 1999)
The court held that the Central Bank's takeover of Greenland Bank Ltd. did not extinguish the bank's corporate personality or its capacity to sue or be sued. Instead, the Central Bank assumes management and control, including the power to initiate or defend proceedings, but must do so in the name of the seized institution. The new Board of Directors, appointed by the Central Bank, was competent to instruct advocates, and the authority given to the plaintiff's counsel was valid. The court found that the press release describing the Board's role as merely advisory was not legally binding and di…
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Greenland Bank Ltd v Westmont Land (Asia) (CIVIL SUIT NO. 309 OF 1999) [1999] UGHC 46 (25 August 1999)
The court held that Greenland Bank Ltd., though under the management and control of the Central Bank following statutory takeover, retains its corporate personality and capacity to sue or be sued in its own name. The Central Bank, acting through its appointed Board of Directors, is empowered under section 32(2)(e) of the Financial Institutions Statute to initiate, defend, and conduct legal proceedings in the name of the financial institution. The Press Release issued by the Central Bank, which described the Board's role as advisory, does not override the statutory powers conferred by the Fina…
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Shah and Another v Exchange Bank of India and Africa Ltd (Civil Appeal No. 68 of 1950) [1951] EACA 25 (1 January 1951)
The court held that the sum of Sh. 16,000 became the property of the Exchange Bank of India on 2nd May, 1949, when it was credited to the bank's account by the Standard Bank of South Africa. On that date, the Exchange Bank could have drawn cheques against the credited amount, establishing its ownership and making the funds a pre-liquidation asset. The timing of the advice note's receipt and the subsequent crediting to the appellants' account were immaterial to the determination of ownership. The appellants' argument that the agency was not concluded until they could draw against their account…
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