Kanyankole & Another v Equity Bank (U) Limited & 2 Others
Kanyankole & Another v Equity Bank (U) Limited & 2 Others (Civil Suit 341 of 2018; Civil Suit 950 of 2017) [2023] UGCommC 265 (10 October 2023)
The court found no evidence of fraud or breach of fiduciary duty by the 1st Defendant in the execution of the mortgage or sale of the properties. The transactions for the Makerere and Bugolobi properties were intertwined, but the Plaintiffs willingly entered into the agreements and failed to prove any misrepresentation or concealment amounting to fraud. The 2nd and 3rd Defendants were held to be bonafide purchasers for value, having acquired good title without notice of fraud or irregularity. The sale of the mortgaged properties was conducted pursuant to a valid court order and consent of the…
Source excerpt
- Mortgage Enforcement
- Fiduciary Duty Breach
- Property Sale By Court Order
- Bonafide Purchaser
- Valuation Of Security
- Fraud In Property Transactions