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Banking And Finance [2021] UGCommC 197

Solomon Champlain Lui & Another v Stanbic Bank Uganda Limited & Another

Solomon Champlain Lui & Another v Stanbic Bank Uganda Limited & Another (Civil Suit 63 of 2018) [2021] UGCommC 197 (16 April 2021)

Court
Commercial Court of Uganda
Case number
Civil Suit 63 of 2018
Judge
Adonyo, J

The court found that the mortgages were legally issued and valid despite procedural defects in execution, as the plaintiffs delivered their titles to the mortgagee as security. The sale of the suit properties to the 2nd defendant was legal, and the 2nd defendant acquired good title, as there was no evidence of fraud or collusion. However, the 1st defendant breached its duty of care by selling the properties below the forced sale value established in the second valuation report. The plaintiffs are entitled to the difference between the forced sale value and the actual sale price. The plaintiff…

Source excerpt

  • Mortgage Enforcement
  • Foreclosure Procedure
  • Duty Of Care In Sale
  • Valuation Of Mortgaged Property
  • Fraud In Property Transactions
  • Remedies For Breach Of Mortgage
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Commercial And Corporate [2007] UGCommC 57

Moses Jim Jjagwe v Standard Chartered Bank (U) Ltd (HCT-00-CC-CS 375 of 2004)

Moses Jim Jjagwe v Standard Chartered Bank (U) Ltd (HCT-00-CC-CS 375 of 2004) [2007] UGCommC 57 (31 May 2007)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 375 of 2004

The court found that the defendant bank, in selling the mortgaged property by private treaty, failed to exercise reasonable care and diligence to obtain the best price reasonably obtainable. Despite a higher bid of Shs.180m being available and the involvement of reputable parties, the property was sold for Shs.120m without sufficient competitive bidding or patience. The hurried sale caused loss to the plaintiff, and the bank's agents acted mechanically without accommodating reasonable efforts to maximize the sale price. The court held that the duty to obtain the best price is an equitable obl…

Source excerpt

  • Mortgagee Power Of Sale
  • Duty Of Care In Sale
  • Valuation Of Mortgaged Property
  • Bank Liability For Negligent Sale
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Banking And Finance [2005] UGCommC 38

National Bank of Commerce Ltd v Saad Trading Co (HCT-00-CC-CS 496 of 2003)

National Bank of Commerce Ltd v Saad Trading Co (HCT-00-CC-CS 496 of 2003) [2005] UGCommC 38 (11 July 2005)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 496 of 2003

The court found that the Plaintiff, as mortgagee, did not take reasonable steps to obtain the true market value of the mortgaged property when exercising its power of sale. The advertisement for the sale was inadequate in terms of publicity, description, and timing, and the sale was conducted by private treaty without competitive bidding or proper re-valuation. The Plaintiff failed to demonstrate that the sale price reflected the forced sale value or true market value, and the Defendants were not adequately informed or involved in the process. Applying the legal principles from Cuckmere Brick…

Source excerpt

  • Mortgage Enforcement
  • Duty Of Care In Sale
  • Valuation Of Security
  • Guarantor Liability
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.