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Uganda decisions
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Kasaija Ronald Wilfred and Others v Equity Bank (U) Limited (Miscellaneous Application No. 2036 of 2024) [2025] UGCommC 98 (23 May 2025)
The High Court granted applicants unconditional leave to defend a summary suit, finding a bona fide dispute over the amount claimed on a loan account.
Premier Credit Limited v Kyotanalya (Originating Summons 1 of 2023) [2023] UGHC 105 (14 November 2023)
The High Court dismissed a mortgagee’s originating summons for vacant possession, finding disputed facts about the loan, mortgage, and guarantor liability required a full trial.
Tibeingana and Co. Advocates and Anor v Warugaba (H.C.Miscellaneous Application No. 119 of 2020) [2021] UGCommC 77 (19 March 2021)
The court found that the applicants had disclosed reasonable grounds of defence, including denial of indebtedness, questions regarding the nature of the transaction, and the absence of a written agreement as required by law. These matters constitute triable issues that warrant a full trial rather than summary judgment. The applicants' assertion that they acted as guarantors and not principal debtors, coupled with the dispute over the existence and formality of the contract, raised sufficient doubt to justify granting leave to appear and defend. The court emphasized that summary procedure is o…
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Gafabusa Muhumuza Vs Sunday & Anor (MISCELLANEOUS APPLICATION NO. 0097 OF 2019) [2019] UGHCCD 275 (2 October 2019)
The High Court discharged the applicant from guarantor liability, set aside the arrest warrant, and held that res judicata did not apply because he was not a party to the suit.
Uganda Finance Trust Ltd v Muhumuza & Anor (HCT-01-CV-CA-03 OF 2015) [2017] UGHCCD 133 (31 October 2017)
The High Court allowed an appeal, set aside the Chief Magistrate’s release of an attached vehicle, and upheld execution against a guarantor.
Mukasa Alice v Centenary Bank Ltd & anor (Civil Suit No. 77 of 2010) [2014] UGHCLD 69 (24 January 2014)
The court found that the first Defendant (Centenary Bank) failed to serve the Plaintiff, as guarantor, with a written demand or notice of default and intention to foreclose, as required by Section 117 of the Registration of Titles Act and the mortgage agreement. This omission deprived the Plaintiff of the opportunity to redeem her property and constituted an unlawful sale. Although fraud was not proved against the second Defendant (Bonny Nuwagaba), the sale was void for illegality. The court held that the Plaintiff is entitled to redeem her property by paying the outstanding loan as of the da…
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National Bank of Commerce Ltd v Saad Trading Co (HCT-00-CC-CS 496 of 2003) [2005] UGCommC 38 (11 July 2005)
The court found that the Plaintiff, as mortgagee, did not take reasonable steps to obtain the true market value of the mortgaged property when exercising its power of sale. The advertisement for the sale was inadequate in terms of publicity, description, and timing, and the sale was conducted by private treaty without competitive bidding or proper re-valuation. The Plaintiff failed to demonstrate that the sale price reflected the forced sale value or true market value, and the Defendants were not adequately informed or involved in the process. Applying the legal principles from Cuckmere Brick…
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