Uganda Case Law

Landmark Junior School Limited v The Microfinance Support Centre Limited

Landmark Junior School Limited v The Microfinance Support Centre Limited (Miscellaneous Appeal 5 of 2023) [2024] UGCommC 356 (18 October 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 5 of 2023

Judge

Anna B. Mugenyi, J

The High Court partly allowed an appeal against a registrar’s conditional injunction order, holding that the 30% mortgage deposit should be based on the outstanding amount, not the forced sale value.

• Mortgage Regulation
• Temporary Injunctions
• Security For Stay
• Foreclosure Proceedings
• Mortgage-foreclosure
• Temporary-injunctions

Stanbic Bank Uganda Limited v Dahable Uganda Limited & Another

Stanbic Bank Uganda Limited v Dahable Uganda Limited & Another (Miscellaneous Application 93 of 2023) [2024] UGCommC 107 (18 March 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 93 of 2023

Judge

Stephen Mubiru, J

The High Court foreclosed the respondents’ equity of redemption over mortgaged properties, ordered vacant possession, and directed sale by public auction.

• Mortgage Enforcement
• Foreclosure Proceedings
• Power Of Sale
• Equity Of Redemption
• Public Auction
• Default And Remedies

Cairo Bank Uganda Limited v Commissioner Land Registration

Cairo Bank Uganda Limited v Commissioner Land Registration (Miscellaneous Cause 398 of 2023) [2024] UGHCLD 29 (12 February 2024)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Cause 398 of 2023

Judge

Naluzze Aisha Batala, J

The High Court dismissed Cairo Bank’s bid to remove caveats from mortgaged land, holding the caveators were not parties and had to be heard first.

• Caveats On Land
• Mortgage Enforcement
• Foreclosure Proceedings
• Fair Hearing
• Beneficiary Caveat
• Caveat-removal

Summit Projekt Limited v Standard Chartered Bank (u) Limited

Summit Projekt Limited v Standard Chartered Bank (u) Limited (Civil Miscellaneous Application No. 12 of 2023) [2023] UGCA 64 (23 February 2023)

Court

Court of Appeal of Uganda

Case number

Civil Miscellaneous Application No. 12 of 2023

Judge

Gashirabake, JA

The court found that the applicant satisfied the conditions for grant of an interim injunction: (1) there was a competent notice of appeal and a substantive application for injunction pending; (2) there was an imminent threat of execution or alienation, as the mortgaged properties had already been advertised for sale; and (3) the requirement to deposit 30% of the forced sale value or outstanding loan did not apply in the circumstances, as there was no valuation report and liability was disputed. The court distinguished the authorities cited by the respondent, holding that the deposit requirem…

Source excerpt

• Interim Injunctions
• Mortgage Enforcement
• Foreclosure Proceedings
• Appeals Process
• Status Quo Orders

Housing finance Bank Ltd v Mayanja T/A Mat Hotel and Leisure Centre (Originating Summons No. 6 of 2021)

Housing finance Bank Ltd v Mayanja T/A Mat Hotel and Leisure Centre (Originating Summons No. 6 of 2021) [2022] UGCommC 75 (30 August 2022)

Court

Commercial Court of Uganda

Case number

Originating Summons No. 6 of 2021

Judge

Abinyo, J

The High Court granted a bank foreclosure, eviction, access, and sale orders over mortgaged property after the defendant defaulted and filed no defence.

• Mortgage Default
• Foreclosure Proceedings
• Eviction Order
• Sale Of Mortgaged Property
• Right Of Redemption
• Costs Award

Muhairwe Katorogo and Another v Grofin SGB (U) Limited and Another

Muhairwe Katorogo and Another v Grofin SGB (U) Limited and Another (Civil Miscellaneous Application 534 of 2021) [2021] UGCommC 180 (25 October 2021)

Court

Commercial Court of Uganda

Case number

Civil Miscellaneous Application 534 of 2021

Judge

Stephen Mubiru, J

The High Court dismissed a review application, holding that the alleged new evidence and claims of service defects did not meet the threshold for review.

• Review Of Judgment
• Service Of Process
• Foreclosure Proceedings
• Error Apparent On Record
• New Evidence
• Mortgage Redemption

Standard Chartered Bank Uganda Ltd v Habib Oil Ltd & Ors

Standard Chartered Bank Uganda Ltd v Habib Oil Ltd & Ors (Miscellaneous Application None of 2018) [2018] UGCommC 17 (30 May 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application None of 2018

The High Court ordered vacant possession of mortgaged properties after the borrowers defaulted and failed to comply with a prior payment order.

• Mortgage Enforcement
• Loan Default
• Injunctions
• Foreclosure Proceedings
• Mortgage-enforcement
• Loan-default

Uganda Revenue Authority v Goodways Trustees Ltd

Uganda Revenue Authority v Goodways Trustees Ltd (Civil Suit No. 13 of 2007) [2014] UGHCLD 65 (3 April 2014)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 13 of 2007

Judge

Kwesiga, J

The court found that the Plaintiff lawfully registered a charge on the Defendant’s property under Section 110 of the Income Tax Act, and that the Defendant failed to legally object to the tax assessment or appeal against it. The Defendant’s audited accounts did not cover the relevant period, and the tax amnesty under the Finance Act 2008 reduced the liability to Shs.205,127,100/=. The Defendant’s right to redeem the mortgaged land is foreclosed unless payment is made within six months, after which the Plaintiff may sell the property. The Plaintiff is entitled to costs. The court determined th…

Source excerpt

• Tax Liability Assessment
• Legal Mortgage Registration
• Foreclosure Proceedings
• Tax Amnesty Effects