Uganda Case Law

Alp Investments Limited v Bank of India (U) Limited (Originating Summons 1 of 2024)

Alp Investments Limited v Bank of India (U) Limited (Originating Summons 1 of 2024) [2024] UGCommC 74 (22 January 2024)

Court

Commercial Court of Uganda

Case number

Originating Summons 1 of 2024

Judge

Mutesi, J

The court found that the defendant's entry into possession of the mortgaged property without proper issuance and service of a notice of entry was irregular and illegal. The foreclosure and sale of the property were also irregular and illegal due to the absence of a mandatory notice to sell and a valuation report within six months prior to sale, as required by the Mortgage Act and Regulations. The court rejected the respondent's argument that the conditional injunction excused compliance with statutory procedures. The sale was set aside, and the applicant was entitled to restoration of possess…

Source excerpt

• Mortgage Enforcement
• Foreclosure Procedure
• Notice To Sell
• Valuation Requirements
• Injunctive Relief
• Damages And Costs

Dr.Martin Okot Nwang v Augustin Odong

Dr.Martin Okot Nwang v Augustin Odong (Civil App.No.24 Of 2004) (Civil App.No.24 of 2004) [2008] UGHC 98 (5 September 2008)

Court

High Court of Uganda

Case number

Civil App.No.24 of 2004

The High Court dismissed a land appeal, holding that respondents acquired interests with the beneficiaries’ consent and that the appellant was estopped from denying the sale.

• Customary Land Ownership
• Succession And Administration
• Estoppel
• Sale Of Land
• Trespass
• Damages And Costs