Uganda Case Law

Necta (U) Limited and Another v Crane Bank Limited

Necta (U) Limited and Another v Crane Bank Limited (Civil Appeal No. 219 of 2013) [2021] UGCA 34 (8 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 219 of 2013

Judge

Monica K. Mugenyi, JA, Kasule, Ag JA, Kiryabwire, 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 the company seal, and signatures not in Latin character, contrary to the Registration of Titles Act and company law. The sale of the property was therefore unlawful, as it was based on invalid security instruments and notice requirements were not met. The respondent bank failed to discharge its duty to ensure…

Source excerpt

• Company Resolutions
• Mortgage Execution
• Directors Authority
• Invalid Security Interest
• Notice Requirements
• Damages For Conversion

International Credit Bank Ltd (In Liquidation) v Sanyutex Limited (MISC. APPLICATION NO. 22 OF 2001)

International Credit Bank Ltd (In Liquidation) v Sanyutex Limited (MISC. APPLICATION NO. 22 OF 2001) [2001] UGHC 122 (22 February 2001)

Court

High Court of Uganda

Case number

MISC. APPLICATION NO. 22 OF 2001

Judge

Okumu Wengi, J

The High Court of Uganda dismissed an application for leave to defend a summary claim over an overdrawn account and entered judgment for the bank in liquidation.

• Summary Judgment
• Bank Liquidation
• Overdrawn Account
• Directors Authority
• Liquidated Debt
• Summary-judgment