NCBA Bank Uganda Limited v Moses Kamoga and Maria Namusoke (Originating Summons No. 03 of 2025) [2025] UGCommC 133 (23 May 2025)
Court
Commercial Court of Uganda
Case number
Originating Summons No. 03 of 2025
Judge
Tumusiime Rubagumya, J
The High Court dismissed an originating summons seeking foreclosure, possession, and removal of caveats over disputed condominium units, finding the facts too contested for that procedure.
Blue Wave Beverages Limited & 2 Others v Kiiza & Another (Civil Application 1308 of 2023) [2024] UGCA 202 (30 July 2024)
Court
Court of Appeal of Uganda
Case number
Civil Application 1308 of 2023
Judge
Kibeedi Mutangula, JA
Court of Appeal of Uganda dismissed an application for stay of execution pending appeal, finding no irreparable harm, no strong likelihood of success, and no balance of convenience in the applicants’ favour.
KCB Bank Uganda Limited v Tusingwire (Originating Summons 28 of 2023) [2024] UGCommC 158 (12 April 2024)
Court
Commercial Court of Uganda
Case number
Originating Summons 28 of 2023
Judge
Ocaya, J
The High Court granted a bank foreclosure and sale orders over mortgaged land after finding loan default, proper statutory notices, and no defence from the borrower.
Post Bank Uganda Limited v Sajja (Originating Summons 3 of 2023) [2023] UGHCLD 223 (31 July 2023)
Court
HC: Land Division (Uganda)
Case number
Originating Summons 3 of 2023
Judge
Kazibwe, J
The High Court granted a bank’s originating summons to foreclose and sell mortgaged land, order vacant possession, and award costs after the borrower defaulted.
Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit No. 9 of 2021) [2022] UGCommC 33 (21 March 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 9 of 2021
Judge
Stephen Mubiru, J
The High Court held that URA’s distress and sale were void after liquidation commenced, and upheld the bank’s right as secured creditor to foreclose and take possession.
Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit Originating Summons 9 of 2021) [2022] UGCommC 123 (21 March 2022)
Court
Commercial Court of Uganda
Case number
Civil Suit Originating Summons 9 of 2021
Judge
Stephen Mubiru, J
The court held that the dispute was not a tax dispute within the exclusive jurisdiction of the Tax Appeals Tribunal, as it did not concern a challenge to a tax assessment or decision under a taxing Act, but rather the priority of a secured creditor's rights over those of the tax authority in insolvency. The plaintiff's floating charge crystallised upon the filing of the winding up petition, giving the plaintiff a proprietary interest in the charged assets. The URA's distress and sale of the assets after the commencement of liquidation proceedings were illegal and void under section 97(1)(c) o…
Letshego Uganda Limited v Kulayige (Originating Summons No. 5 of 2020) [2021] UGCommC 119 (1 November 2021)
Court
Commercial Court of Uganda
Case number
Originating Summons No. 5 of 2020
Judge
Boniface Wamala, J
The court found that the Plaintiff, as mortgagee, had established the existence of a duly registered mortgage over the Defendant's property, securing two loan facilities. The Defendant defaulted on repayment, and the Plaintiff complied with all statutory requirements for foreclosure, including service of notices of default and sale under the Mortgage Act. The Plaintiff was therefore entitled to foreclose and sell the mortgaged property to recover the outstanding sum. However, the court held that consent to sale by private treaty must be given by the mortgagor at the time of sale and not retro…
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.