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12 May 2023

Banking And Finance [2023] UGCommC 146

Ecobank Uganda Limited v Fone Plus Limited & Others

Ecobank Uganda Limited v Fone Plus Limited & Others (Civil Suit 776 of 2021) [2023] UGCommC 146 (12 May 2023)

Court: Commercial Court of Uganda
Case number: Civil Suit 776 of 2021
Judge: Anna B. Mugenyi, J

The court found that the 1st defendant was indebted to the plaintiff for USD 3,403,046, having received and defaulted on credit facilities, and that the plaintiff was entitled to debit the 1st defendant's account and charge interest as per the contractual terms. The 1st defendant's arguments regarding unauthorized debiting and mistaken restructure were rejected, as the agreements expressly permitted such actions and the defendant had acknowledged the debt and requested restructuring. The 2nd and 3rd defendants, as guarantors under demand guarantees, became liable upon the 1st defendant's defa…

Source excerpt

Letters Of Credit
Guarantees And Indemnities
Loan Restructuring
Bankers Lien
Contractual Interest
Debt Recovery

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26 Jun 2002

Land And Property [2002] UGCommC 9

Yuda Lutta Musoke v Greenland Bank

Yuda Lutta Musoke v Greenland Bank (Civil Suit No. 506 of 2001) [2002] UGCommC 9 (26 June 2002)

Court: Commercial Court of Uganda
Case number: Civil Suit No. 506 of 2001

The court held that the preliminary objection raised by the plaintiff could not be determined as a pure point of law because it required the ascertainment of facts, specifically whether the co-proprietor's consent was obtained for the creation of the equitable mortgage or lien. The court emphasized that preliminary objections are only appropriate where the facts are undisputed and the issue is purely legal. Since the matter of consent was contested and required evidence, the objection was premature. The court overruled the preliminary objection and directed that the issue be determined during…