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Uganda decisions
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The Co-operative Bank Ltd v Mwase Heron (HCT-00-CC-OS 20 of 2006) [2006] UGCommC 60 (21 September 2006)
The court allowed an originating summons to issue in a mortgage enforcement matter where the bank said the borrower had defaulted on an overdraft facility secured by land.
Surgipham Uganda Ltd v Noble Health Ltd and Anor (HCT-00-CC-CS 595 of 2003) [2005] UGCommC 60 (13 October 2005)
The court found that the Plaintiff supplied drugs to the 1st Defendant on credit, evidenced by invoices and the issuance of post-dated cheques, which were dishonoured at the Defendants' request due to financial difficulties. Partial payment was made, and an agreement was reached for the Defendants to deposit drugs as security, not as outright set-off. The Plaintiff later sold the drugs at a loss to mitigate damages. The court rejected the Defendants' argument that the drugs were full settlement, relying on the written agreement's terms. The 2nd Defendant was held jointly and severally liable…
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