Uganda Case Law

Simbamanyo Estates Limited v Equity Bank Uganda Limited and 2 Others

Simbamanyo Estates Limited v Equity Bank Uganda Limited and 2 Others (Miscellaneous Application 414 of 2022) [2022] UGCommC 156 (11 May 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 414 of 2022

Judge

Stephen Mubiru, J

The High Court allowed most proposed amendments to a plaint about a disputed credit arrangement and mortgage, but rejected one inconsistent amendment on renewal of the facility.

• Amendment Of Pleadings
• Mortgage Validity
• Banking Regulation
• Illegality In Contracts
• Amendment-of-pleadings
• Mortgage-validity

NC Bank Ltd & 24 Ors v Kampala Capital City Authority & Anor

NC Bank Ltd & 24 Ors v Kampala Capital City Authority & Anor (MISCELLANEOUS CAUSE NO. 2 OF 2018) [2019] UGHCCD 71 (25 February 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 2 OF 2018

Judge

Wolayo, J

The High Court in Kampala held that licensing banks under the Trade Licensing Act was ultra vires, but upheld licensing of off-premises ATMs.

• Judicial Review
• Ultra Vires
• Trade Licensing
• Banking Regulation
• Delegated Legislation
• Judicial-review

G.S Royal Hardware and Industries & Anor Ltd v Equity Bank (U) Ltd & Anor (HCCS 721 of 2015)

G.S Royal Hardware and Industries & Anor Ltd v Equity Bank (U) Ltd & Anor (HCCS 721 of 2015) [2016] UGCommC 30 (24 March 2016)

Court

Commercial Court of Uganda

Case number

HCCS 721 of 2015

The court found that the second applicant, as the registered proprietor and mortgagor, has locus standi to challenge the intended sale of his property, especially where statutory notices may not have been properly served and the legality of the underlying transaction is disputed. The Mortgage Act 2009 grants the mortgagor the right to seek relief against foreclosure, and the absence of the mortgage instrument and tripartite agreement in evidence raises serious questions to be tried regarding the authority and consent for the additional charge. The court held that statutory rights under the Mo…

Source excerpt

• Mortgage Enforcement
• Temporary Injunction
• Locus Standi
• Statutory Notice Requirements
• Tripartite Agreements
• Banking Regulation

Kanyeihamba & 320 Ors v Nzeyi & 2 Ors (HCT-00-CC-CS 361 of 2010)

Kanyeihamba & 320 Ors v Nzeyi & 2 Ors (HCT-00-CC-CS 361 of 2010) [2013] UGCommC 78 (2 May 2013)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 361 of 2010

The court found that the subject matter and parties in the present suit and the Constitutional Petition are not identical, reducing the risk of conflicting orders or multiplicity of proceedings. The suit primarily concerns corporate governance and historical actions regarding the conversion of KBC to NBC, while the Constitutional Petition addresses regulatory actions by Bank of Uganda. However, certain remedies sought in the suit, such as rectification of the company register and repossession of assets, directly affect the liquidation process and cannot proceed until the Constitutional Petiti…

Source excerpt

• Derivative Actions
• Company Liquidation
• Stay Of Proceedings
• Corporate Governance
• Banking Regulation

Uganda Vs Kaluuma Abdul Khariim (CR.Sc 23 of 2011)

Uganda Vs Kaluuma Abdul Khariim (CR.Sc 23 of 2011) [2012] UGHC 56 (23 March 2012)

Court

High Court of Uganda

Case number

CR.Sc 23 of 2011

The High Court convicted a Stanbic Bank clerk of causing financial loss after finding he diverted commission funds to private accounts and was responsible for the instructions.

• Embezzlement
• Causing Financial Loss
• Employee Fraud
• Banking Regulation
• Electronic Evidence
• Causing-financial-loss