Uganda Case Law

Necta (U) Limited and Another v Crane Bank Limited

Necta (U) Limited and Another v Crane Bank Limited (Civil Appeal 219 of 2013) [2021] UGCA 201 (8 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 219 of 2013

Judge

Kiryabwire, JA, Monica K. Mugenyi, JA, Kasule, Ag JA

The Court of Appeal found that the special resolution authorizing the mortgage was invalid, as it was not signed by all directors as required by the company's articles and Regulation 106 of Table A. The mortgage and further charges were defective for lack of proper execution, absence of company seal, and signatures not in Latin character, contrary to the Registration of Titles Act and company articles. The sale of the property was therefore invalid, as it was based on defective security. Notice requirements for demand and sale were not met, as public advertisements did not constitute personal…

Source excerpt

• Company Resolutions
• Mortgage Execution
• Director Authority
• Invalid Security
• Notice Requirements
• Damages For Wrongful Sale