Uganda Case Law

Dungu v Non-Performing Assets Recovery Trust (NPERT)

Dungu v Non-Performing Assets Recovery Trust (NPERT) (Civil Application No. 61 of 2003) [2015] UGCA 23 (4 March 2015)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 61 of 2003

Judge

Kakuru, JA, Mwondha, JA, Kasule, JA

The Court of Appeal found that the Tribunal erred in entering judgment against the appellant for the same sum already covered by a consent decree against the first defendant, resulting in prejudice to the appellant. The Tribunal failed to properly evaluate the evidence regarding the appellant's role in the disbursement of funds, as there was no proof that the appellant ordered disbursement before security documents were executed. The Court held that Regulation 1 of the NPART Statute did not apply to the special circumstances of the loan, which was governed by government and World Bank agreeme…

Source excerpt

• Joint And Several Liability
• Consent Judgment
• Res Judicata
• Bank Loans
• Tribunal Jurisdiction

Non- Performing Assets Recovery Trust (NPART ) v Amen Economic Stone Quarry Company Limited

Non- Performing Assets Recovery Trust (NPART ) v Amen Economic Stone Quarry Company Limited (Civil Appeal 18 of 1998) [1999] UGCA 57 (29 July 1999)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 18 of 1998

Judge

Okello, JA, Mpagi-Bahigeine, JA, Engwau, JA

The Court of Appeal dismissed a bank’s appeal and the respondent’s cross-appeal, upholding findings of undue influence and the bank’s duty in a letters-of-credit transaction.

• Bank Loans
• Letters Of Credit
• Contractual Duties
• Undue Influence
• Importation Disputes
• Apportionment Of Costs