Nalea General Merchants Ltd v Equity Bank Of Uganda and 2 Ors (Civil Suit No.0246 of 2012) [2023] UGHCCD 368 (14 December 2023)
Court
HC: Civil Division (Uganda)
Case number
Civil Suit No.0246 of 2012
Judge
Douglas Karekona Singiza, J
High Court invalidated a bank’s chattels mortgage over company buses, held the recall and receivership unlawful, and ordered damages and return of the buses.
Necta (U) Limited and Another v Crane Bank Limited (Civil Appeal No. 219 of 2013) [2021] UGCA 34 (8 June 2021)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 219 of 2013
Judge
Monica K. Mugenyi, JA, Kasule, Ag JA, Kiryabwire, JA
The Court of Appeal found that the special resolution authorizing the mortgage was invalid, as it was not signed by all directors as required by the company's articles and Regulation 106 of Table A. The mortgage and further charges were defective for lack of proper execution, absence of the company seal, and signatures not in Latin character, contrary to the Registration of Titles Act and company law. The sale of the property was therefore unlawful, as it was based on invalid security instruments and notice requirements were not met. The respondent bank failed to discharge its duty to ensure…
