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Uganda decisions
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Cairo Bank Uganda Limited v Hualong Energy Company Limited (Miscellaneous Cause 39 of 2023) [2023] UGCommC 241 (6 December 2023)
The High Court granted Cairo Bank vacant possession over mortgaged and debentured property after the borrower defaulted and failed to respond to statutory notices.
Abisha Steel Industries Limited (In recievership) and 2 Others v Exim Bank (U) Limited and Another (HCCS 5 of 2017) [2023] UGHC 299 (27 February 2023)
The court found that the Bank did not breach the facility contracts, as the deductions and recovery actions taken were consistent with the terms of the loan agreements and statutory requirements. The payment of USD 170,000 by Abisha rectified the initial default, but subsequent defaults occurred, and the Bank was entitled to proceed with recovery steps, including appointment of a Receiver and sale of mortgaged assets. The appointment of the Receiver was lawful under both the debenture and the Mortgage Act, with the court taking a liberal approach to documentary omissions by the Bank. The Plai…
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Margherita Millers Limited and Anor v Housing Finance Bank (HCCS 390 of 2018) [2021] UGCommC 45 (31 August 2021)
The court found that although the Mortgage Deed was not executed by the Defendant bank, the affixation of the Plaintiff's seal and the conduct of the parties, including registration and enjoyment of the loan facilities, created an enforceable equitable mortgage. The debenture, though registered late, was valid as the Plaintiff benefited from the facility and did not challenge the registration until years later. The sale of the securities was valid under the terms of the charge documents, with the Defendant entitled to realise the assets either through a receiver or as attorney of the Plaintif…
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Standard Chartered Bank (Uganda) Ltd v The New Vision Printing & Publishing Corporation (Companies Cause No. 2 of 2006) [2006] UGHC 70 (15 May 2006)
The High Court granted a bank extra time to register Company Form 4 for a company charge, finding the omission was inadvertent and caused no injustice.
John Verjee and Anor v Simon Kalenzi and Ors (Civil Appeal No. 71 of 2000) [2001] UGCA 2 (18 September 2001)
The Court of Appeal held that in objector proceedings, the decisive issue is possession at the date of attachment, not the validity of the debenture or mortgage or their registration status. The respondents, as receivers appointed by the East African Development Bank, were in possession of the property before the attachment and held it not for the judgment debtor but for the debenture holder. The court found that receivers, though technically lacking legal title, have sufficient possessory rights to object to attachment and may bring proceedings in their own names to protect those rights. The…
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David Mpanga & Anor v Roliat Property Agency Ltd (Civil Suit No. 7 of 1998) (Civil Suit No. 7 of 1998) [1999] UGHC 10 (3 February 1999)
The High Court upheld a receivership, found the debenture validly registered, rejected unproved fraud allegations, and ordered retraction of a newspaper notice.
In Re: Summerfruit (U) Ltd and Ors (Companies Cause No. 5 of 1995) [1995] UGHC 34 (4 October 1995)
The High Court held that the omission to register the debenture within the prescribed 42 days was not deliberate but accidental or due to inadvertence, as evidenced by the affidavit of the receiver. The court found that the error was attributable to the company, not the receivers, and that no prejudice would result to creditors or shareholders from rectifying the omission. The Registrar's certificate of registration, though issued after the statutory period, was deemed conclusive evidence of compliance with the Companies Act. The court exercised its discretion under section 102 of the Compani…
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