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Babigumira and Another v Global Trust Bank (In Liquidation) and 2 Others (Civil Appeal 14 of 2020) [2023] UGSC 37 (24 October 2023)
The Supreme Court upheld the sale of mortgaged land after loan default, finding the mortgage deed valid, notice substantially served, and no unfair hearing.
Babigumira & Another v Global Trust Bank in Liquidation & 2 Others (Civil Appeal No. 258 of 2017) [2020] UGCA 2075 (20 July 2020)
The Court of Appeal held that the mortgage deed, though lacking the manager's name in Latin character, was nonetheless validly executed because the bank's seal and stamp were affixed and the capacity of the signatory was indicated, satisfying the purpose of section 148 of the Registration of Titles Act. The appellants' obligation to repay the loan arose upon disbursement of the funds, less the agreed 2% commitment fee, and their partial repayment estopped them from denying the obligation. The sale of the mortgaged property was conducted by public auction after proper notice, and there was no…
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