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Uganda decisions
Decisions matching the current search
Kamulegeya v Twagirayesu (Miscellaneous Appeal 318 of 2024) [2024] UGCommC 113 (4 April 2024)
The High Court upheld execution against a judgment debtor, finding no proof of full payment and no fatal procedural defect in the arrest and imprisonment process.
Abairisa Naur Qorane v Ali (Originating Summons 9 of 2023) [2023] UGCommC 111 (24 October 2023)
The High Court held that the lender had an enforceable security interest over shop stock and assets after default, but ordered sale by public auction, not private treaty.
Threeways Shipping Services Group Ltd & Anor v Standard Chatered Bank (U) Ltd (Miscellaneous Application No. 1226 of 2016) [2017] UGCommC 55 (21 April 2017)
The High Court granted a 90-day temporary injunction stopping enforcement of mortgage security while the parties pursued mediation in a dispute over alleged misrepresentation and bridge financing.
Kajoba George William & Ors v Stephen Kisitu & Anor (HCT-00-CC-OS 5 of 2005) [2005] UGCommC 54 (30 September 2005)
The High Court held that a loan secured by deposited title deeds created an equitable mortgage, ordered repayment of UGX 27,000,000, and allowed sale on default.
U.C.B V Mrs. Bushuyu (Administratrix of the estate of John Wilson Bushuyu) (Civil Suit No. 123 of 1994) [1994] UGHC 2 (19 October 1994)
The court found that the loan to Fremi Agencies Ltd was indeed secured by the deposit of the certificate of title of the property on Plots 28 and 28A Kabale Road, with the authority of the late John Wilson Bushuyu, as evidenced by the power of attorney and supporting documentation. However, the mortgage was not registered under the Registration of Titles Act, nor was a caveat entered. According to the law and precedent, an equitable mortgage created by deposit of title is not enforceable unless registered. The absence of registration or caveat means the plaintiff cannot enforce foreclosure or…
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