Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022)
Centenary Rural Development Bank Limited v Kwesiga (HCT-05-CV-CA 59 of 2022) [2025] UGHC 69 (20 February 2025)
The High Court found that the trial Magistrate erred in striking out the Appellant's affidavit in reply, as a principal officer with knowledge of the facts may depone such an affidavit. The Respondent's application, though lacking reference to the Mortgage Act, was not defective as it was properly brought under Section 98 of the Civil Procedure Act and Order 52 of the Civil Procedure Rules, and no injustice was occasioned. Critically, the court distinguished between an informal mortgage on customary land and an informal equitable mortgage based on unregistered interest in land, holding that t…
Source excerpt
- Mortgage Enforcement
- Informal Equitable Mortgage
- Customary Land Tenure
- Affidavit Authority
- Appeal Timeliness
- Contractual Obligations