Uganda Case Law

Rahbot Chick (U) Limited & Another v Stanbic Bank Uganda Limited

Rahbot Chick (U) Limited & Another v Stanbic Bank Uganda Limited (Miscellaneous Application 782 of 2023) [2024] UGCommC 83 (27 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 782 of 2023

Judge

Mutesi, J

The applicants failed to demonstrate any bonafide defence or triable issue in the summary suit. The credit facility agreement did not condition repayment on Ugachick's payments to the 1st applicant, and Ugachick was not privy to the facility agreement. The applicants' argument regarding the alleged forgery of the 3rd defendant's signature was unsupported and inconsequential, as the 2nd applicant, as managing director, had authority to bind the 1st applicant. The applicants did not refer to any contractual provision entitling them to indemnity from Ugachick for loans taken to perform their con…

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• Summary Suit Procedure
• Credit Facility Dispute
• Personal Guarantee Liability
• Contract Variation
• Loan Repayment Obligation

Standard Chartered Bank Uganda Limited v Lawoko

Standard Chartered Bank Uganda Limited v Lawoko (Miscellaneous Cause 8 of 2023) [2024] UGCommC 79 (31 January 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 8 of 2023

Judge

Mutesi, J

The respondent defaulted on his loan repayment obligations under the credit facility secured by a mortgage, despite repeated notices and opportunities to cure the default. The respondent failed to regularize his payments and denied the applicant access to the mortgaged property, impeding the applicant's rights as a mortgagee. Although the respondent filed his affidavit in reply late, the Court exercised its discretion to validate the filing in the interests of substantive justice. The respondent's financial constraints due to the COVID-19 pandemic did not excuse his unilateral modification of…

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• Mortgage Enforcement
• Loan Default
• Credit Facility Dispute
• Possession And Eviction
• Contractual Obligations
• Notice Requirements

Nsamo v Equity Bank (U) Ltd

Nsamo v Equity Bank (U) Ltd (Miscellaneous Application No. 936 of 2016) [2017] UGCommC 246 (9 November 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 936 of 2016

The court found that substituted service was properly ordered and effected after failed attempts at personal service, satisfying procedural requirements under the Civil Procedure Rules. The applicant's subsequent engagement of lawyers and proposal to settle further evidenced effective service. The applicant failed to provide sufficient grounds to set aside the default judgment, as the defense of frustration was not available; the loss of vehicles occurred after the suit was filed and after breach of contract, and the vehicles were security rather than essential to performance. The application…

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• Summary Judgment
• Substituted Service
• Credit Facility Dispute
• Contract Frustration
• Leave To Defend
• Loan Recovery

Stanbic Bank Uganda v Popina General Supplies

Stanbic Bank Uganda v Popina General Supplies (Miscellaneous Cause No. 290 of 2014) [2015] UGHCLD 28 (24 June 2015)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 290 of 2014

Judge

Luswata, J

The High Court allowed Stanbic Bank extra time to file a counterclaim in a land dispute, finding the delay regrettable but curable under the rules.

• Enlargement Of Time
• Counterclaim Procedure
• Credit Facility Dispute
• Sale Of Property
• Fraud Allegations
• Enlargement-of-time