Yuda Lutta Musoke v Greenland Bank
Yuda Lutta Musoke v Greenland Bank (Civil Suit No. 506 of 2001) [2002] UGCommC 9 (26 June 2002)
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…
Source excerpt
- Bankers Lien
- Equitable Mortgage
- Joint Property
- Consent Of Co Proprietor