Uganda Case Law

Namatovu v Kakande (Small Cliams Procedure Revision 3 of 2023)

Namatovu v Kakande (Small Cliams Procedure Revision 3 of 2023) [2024] UGCommC 92 (26 April 2024)

Court

Commercial Court of Uganda

Case number

Small Cliams Procedure Revision 3 of 2023

Judge

Mutesi, J

The High Court found the application competent, confirming its revisionary powers over small claims under Section 83 of the Civil Procedure Act and Rule 4(4) of the Judicature (Small Claims Procedure) Rules. The trial magistrate had jurisdiction to hear the claim, as the subject matter was the recovery of UGX 8,000,000, not enforcement of collateral. The applicant's purported counterclaim was merely an elucidation of her defence and did not constitute a separate cause of action. However, the trial magistrate's enforcement of an agreement resulting in a 400% interest rate over 8 months (600% p…

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• Small Claims Revision
• Friendly Loan Dispute
• Pecuniary Jurisdiction
• Equitable Mortgage
• Unconscionable Interest
• Counterclaim Procedure

DFCU v Uganda Signs Limited &2 Others (Originating Summons 17 of 2018)

DFCU v Uganda Signs Limited &2 Others (Originating Summons 17 of 2018) [2022] UGCommC 176 (20 December 2022)

Court

Commercial Court of Uganda

Case number

Originating Summons 17 of 2018

Judge

Anna B. Mugenyi, J

The court found that the applicant had established the existence of an equitable mortgage by deposit of the certificate of title and registration of a caveat, following the nullification of the legal mortgage. The applicant demonstrated that the respondents remained indebted in the sum of Ugx 63,706,433/= as at 12/11/2008, and that the statutory procedure for foreclosure under section 8 of the Mortgage Act was applicable. The court ordered the 1st respondent to pay the outstanding amount within two months, failing which the applicant may seek foreclosure. The absence of a substantive defence…

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• Equitable Mortgage
• Foreclosure Procedure
• Security Interest Enforcement
• Deposit Of Title
• Caveat Registration

Insignia Holdings Limited v Mutuluuza (Originating Summons 15 of 2019)

Insignia Holdings Limited v Mutuluuza (Originating Summons 15 of 2019) [2020] UGCommC 16 (28 May 2020)

Court

Commercial Court of Uganda

Case number

Originating Summons 15 of 2019

Judge

Boniface Wamala, J

The High Court held that the transaction was an equitable mortgage and ordered sale of the land by public auction to recover USD 255,728, with costs and statutory interest.

• Mortgage Enforcement
• Foreclosure
• Equitable Mortgage
• Loan Recovery
• Interest Awards
• Equitable-mortgage

Kyobe Vs Kibuuka & Anor

Kyobe Vs Kibuuka & Anor (Civil Appeal No. 42 of 2016) [2019] UGCA 143 (11 June 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 42 of 2016

The Court of Appeal held the transaction was a money lending arrangement, not a land sale, and found the appellant was entitled to recover the principal loan sum.

• Equitable Mortgage
• Money Lending Transactions
• Fraud In Land Transfers
• Cancellation Of Title
• General Damages
• Interest On Loans

Galina Vs Kibuuka & Anor

Galina Vs Kibuuka & Anor (Civil Appeal No. 42 of 2016) [2019] UGCA 145 (11 June 2019)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 42 of 2016

The Court of Appeal found that the transaction between the appellant and the first respondent was not a straightforward sale of land but a money lending agreement, with land titles deposited as security for the loan. The appellant advanced Ug.shs. 70 million to the respondent, with an unenforceable interest of 20 percent per month. There was insufficient evidence that the alleged purchase price of Ug.shs. 120 million was ever paid for the second agreement. The appellant failed to prove payment and the agreements were structured to secure repayment of the loan, not to effect a sale. The trial…

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• Land Sale Agreements
• Equitable Mortgage
• Fraudulent Transfer
• Money Lending Without License
• Caveats On Title
• General Damages

Namiiro v Uganda Marines Products Ltd & Anor

Namiiro v Uganda Marines Products Ltd & Anor (Miscellaneous Cause No. 78 of 2015) [2016] UGHCLD 58 (19 December 2016)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause No. 78 of 2015

Judge

Bashaija, J

The court allowed an applicant to pay off a UGX 6,000,000 equitable mortgage, ordered a special title, and directed removal of a caveat when the lender could not be traced.

• Equitable Mortgage
• Power Of Attorney
• Caveat Vacation
• Special Certificate Of Title
• Equitable-mortgage
• Power-of-attorney

Kabuye & Anor v Kim Bowerman

Kabuye & Anor v Kim Bowerman (Civil Suit No.535 of 2007) [2014] UGHCLD 116 (21 August 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.535 of 2007

Judge

Luswata, J

The High Court found the plaintiffs breached a loan agreement, reduced an excessive contractual interest rate, and awarded the defendant principal, lower interest, damages, and costs.

• Loan Agreement
• Equitable Mortgage
• Interest Rate Dispute
• Breach Of Contract
• Remedies For Breach
• Breach-of-contract

Kabuye & Anor v Bowerman

Kabuye & Anor v Bowerman (Civil Suit No.535 of 2007) [2014] UGHCLD 118 (21 August 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No.535 of 2007

Judge

Luswata, J

The court found the plaintiffs breached a loan agreement secured by land, but reduced the contractual 5% monthly interest as unconscionable and awarded revised interest, damages, and costs.

• Loan Agreements
• Equitable Mortgage
• Interest Rates
• Breach Of Contract
• Land Security
• Damages

Mayanja v Kasikururu & Anor (Originating Summons No. 05 of 2008)

Mayanja v Kasikururu & Anor (Originating Summons No. 05 of 2008) [2013] UGHCLD 43 (7 May 2013)

Court

HC: Land Division (Uganda)

Case number

Originating Summons No. 05 of 2008

Judge

Murangira, J

The High Court held the mortgage foreclosure claim was time-barred and improperly brought by originating summons, then dismissed the suit with costs.

• Equitable Mortgage
• Foreclosure
• Limitation Periods
• Fraud In Land Transactions
• Equitable-mortgage
• Limitation-periods

Nakasero Soap Works v Uganda Best Tea Ltd and Ors (HCT-00-CC-CS 25 of 2006)

Nakasero Soap Works v Uganda Best Tea Ltd and Ors (HCT-00-CC-CS 25 of 2006) [2007] UGCommC 100 (6 December 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 25 of 2006

The court held that an equitable mortgage had been created over the property, foreclosed the defendants’ right of redemption, permitted sale of the land, and awarded costs to the plaintiff.

• Equitable Mortgage
• Foreclosure
• Company Liability
• Security Interest
• Equitable-mortgage
• Mortgage-act