Total Seeta Service Station v Stanbic Bank Limited Uganda and Julius Baale (Civil Appeal 165 of 2019) [2025] UGCA 173 (12 June 2025)
Court
Court of Appeal of Uganda
Case number
Civil Appeal 165 of 2019
Judge
Asa Mugenyi, JA/ JCC, Musa Ssekaana, JA/JCC, Stella Alibateese, JA/JCC
The Court of Appeal dismissed an appeal challenging the sale of mortgaged property, holding that the mortgage-validity issue was not pleaded or proved at trial.
Gonget v Tuhairwe & Another (Miscellaneous Application 2898 of 2023) [2024] UGCommC 160 (27 May 2024)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application 2898 of 2023
Judge
Ocaya, J
The Commercial Court allowed an amendment to a plaint, finding it did not introduce a new cause of action and that any prejudice could be cured by costs.
Opwaka v Katuube (Civil Appeal 155 of 2022) [2024] UGHC 455 (24 May 2024)
Court
High Court of Uganda
Case number
Civil Appeal 155 of 2022
Judge
Batema, J
The High Court allowed an appeal over a disputed land sale, finding the execution process illegal, spousal consent missing, and general damages unjustified.
Potters Hand Limited v Tirupati Development (U) Limited and Another (Civil Suit 469 of 2017) [2024] UGHCLD 86 (26 March 2024)
Court
HC: Land Division (Uganda)
Case number
Civil Suit 469 of 2017
Judge
Bernard Namanya, J
The court found the buyer’s interest in six warehouses was subject to an earlier mortgage, rejected fraud, and ordered a partial refund for failure to convey title.
Niwamanya v Twesigye & 3 Others (Civil Suit 593 of 2022) [2023] UGCommC 272 (20 October 2023)
Court
Commercial Court of Uganda
Case number
Civil Suit 593 of 2022
Judge
Cornelia Kakooza Sabiiti, J
The plaintiff, having given spousal consent to the mortgage and been notified of default and impending sale, failed to redeem the property within the statutory period. The sale of the suit property was conducted by private treaty with the written consent of the mortgagor, waiving requirements for advertisement and revaluation. The insertion of a lesser value on the transfer form was not attributable to the purchaser and does not constitute fraud sufficient to impeach the title. The plaintiff benefitted from the proceeds of sale, redeeming her own securities, and is estopped from challenging t…
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)
Court
Commercial Court of Uganda
Case number
Civil Suit 341 of 2018 ; Civil Suit 950 of 2017
Judge
Anna B. Mugenyi, J
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…
Nanyonga Nakato v Namavumba and 3 Others (Misc Cause 1188 of 2022) [2022] UGHCFD 10 (17 November 2022)
Court
HC: Family Division (Uganda)
Case number
Misc Cause 1188 of 2022
Judge
Asiimwe, J
The High Court set aside a consent judgment over disputed matrimonial property, finding the widow was an aggrieved party whose right to be heard was affected.
The Supreme Court held that although the appellant made general averments in his plaint challenging the sale of the mortgaged property, he failed to substantiate these claims at trial, particularly regarding sale without advertisement. The issue of validity of sale was not properly pleaded or raised before the trial court, and the first time it was articulated was at the appellate stage, contrary to procedural rules. The Court reaffirmed the cardinal rule that parties are bound by their pleadings and relief cannot be granted on unpleaded matters. Regarding fraud, the appellant failed to stric…
Solomon Champlain Lui & Another v Stanbic Bank Uganda Limited & Another (Civil Suit 63 of 2018) [2021] UGCommC 197 (16 April 2021)
Court
Commercial Court of Uganda
Case number
Civil Suit 63 of 2018
Judge
Adonyo, J
The court found that the mortgages were legally issued and valid despite procedural defects in execution, as the plaintiffs delivered their titles to the mortgagee as security. The sale of the suit properties to the 2nd defendant was legal, and the 2nd defendant acquired good title, as there was no evidence of fraud or collusion. However, the 1st defendant breached its duty of care by selling the properties below the forced sale value established in the second valuation report. The plaintiffs are entitled to the difference between the forced sale value and the actual sale price. The plaintiff…
Babigumira & Another v Global Trust Bank in Liquidation & 2 Others (Civil Appeal No. 258 of 2017) [2020] UGCA 2075 (20 July 2020)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 258 of 2017
Judge
Egonda-Ntende, JA, Musota, JA, Kasule, JA
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…
