Masiko v Equity Bank Limited (Miscellaneous Application No. 204 of 2022) [2022] UGCommC 13 (16 March 2022)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 204 of 2022
Judge
Stephen Mubiru, J
The High Court set aside an ex parte interim order stopping a mortgagee sale, holding that Regulation 13 of the Mortgage Regulations requires a 30% deposit.
The Tribunal held that Section 15(1) of the Tax Appeals Tribunal Act requires a taxpayer to pay 30% of the tax assessed or the undisputed portion before filing an objection. The Supreme Court decision in Uganda Projects Implementation and Management Centre v Uganda Revenue Authority is binding and upholds the constitutionality of this requirement where the dispute concerns the quantum of tax. The Tribunal found that the applicant's objection related to the assessed tax amount, not solely to legal interpretation, and thus the deposit requirement applied. The applicant failed to pay the 30% dep…