CTM Uganda Limited & 2 Others v Alimuss Properties Uganda Limited & 3 Others [2024] UGSC 6 (29 January 2024)
Court
Supreme Court of Uganda
Judge
Mwondha, JSC, Tuhaise, JSC, Mike Chibita, JSC, Elizabeth Musoke, JSC, Tibatemwa-Ekirikubinza, JSC
The Supreme Court dismissed an appeal challenging a consent judgment and company name change, holding that the consent remained valid despite flaws in the name-change process.
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…
United Assurance Company Limited v Attorney General (Civil Appeal 1 of 1986) [1986] UGSC 18 (6 October 1986)
Court
Supreme Court of Uganda
Case number
Civil Appeal 1 of 1986
Judge
Wambuzi, P, Lubogo, Ag. JA, Odoki, JA
The Court of Appeal held that the trial judge erred in finding that the suit was unmaintainable and that a board or shareholder resolution was required for the company to institute proceedings. The appellant company, being a private company, could be managed by a sole director under section 177 of the Companies Act and regulation 80 of Table A, who had authority to instruct counsel. The property in question belonged to the company, not to the individual shareholders, and the mere vesting of shares in the Custodian Board did not transfer the company's assets to the Government. The question of…