Uganda Case Law

In The Matter of an Application of Guardianship By Kamwesigye (Mother) v Tumesigye (a Minor) (Family Cause 5 of 2022)

In The Matter of an Application of Guardianship By Kamwesigye (Mother) v Tumesigye (a Minor) (Family Cause 5 of 2022) [2022] UGHCFD 16 (11 October 2022)

Court

HC: Family Division (Uganda)

Case number

Family Cause 5 of 2022

Judge

Allan Nshimye, J

The High Court appointed a mother as guardian over her minor child’s proprietary rights to enable borrowing against jointly owned land for renovations benefiting the child.

• Guardianship Of Minors
• Minor's Property Rights
• Best Interest Of Child
• Joint Ownership
• Loan Security
• Parental Responsibility

Omongole v Imperial Bank (U) Ltd & 4 Ors

Omongole v Imperial Bank (U) Ltd & 4 Ors (Miscellaneous Cause No. 1 of 2014) [2014] UGCommC 194 (19 May 2014)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause No. 1 of 2014

The court found that the interim order restraining the sale of motor vehicle UAQ 116T had a definite expiry date of 4th November 2013, and no steps were taken by the Applicant to extend its duration. The phrase 'until further orders of Court' did not override the explicit date set in the order, and the Applicant failed to seek an extension or renewal. The court distinguished the cited authorities, noting that the intention and wording of the order in this case required a further court order for extension beyond the stated date. As no valid order was in force at the time of sale, the Responden…

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• Contempt Of Court
• Interim Orders
• Injunctive Relief
• Loan Security
• Sale Of Secured Property

Bainomugisha Vs DFCU Ltd

Bainomugisha Vs DFCU Ltd (Civil Appeal No.63/07) [2008] UGCA 20 (1 December 2008)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No.63/07

The Court of Appeal of Uganda dismissed an appeal against refusal of a temporary injunction over mortgaged land, holding that no prima facie case was shown.

• Temporary Injunctions
• Family Land
• Mortgage Enforcement
• Company Directors Liability
• Spousal Consent
• Loan Security

U.C.B V Mrs. Bushuyu (Administratrix of the estate of John Wilson Bushuyu)

U.C.B V Mrs. Bushuyu (Administratrix of the estate of John Wilson Bushuyu) (Civil Suit No. 123 of 1994) [1994] UGHC 2 (19 October 1994)

Court

High Court of Uganda

Case number

Civil Suit No. 123 of 1994

The court found that the loan to Fremi Agencies Ltd was indeed secured by the deposit of the certificate of title of the property on Plots 28 and 28A Kabale Road, with the authority of the late John Wilson Bushuyu, as evidenced by the power of attorney and supporting documentation. However, the mortgage was not registered under the Registration of Titles Act, nor was a caveat entered. According to the law and precedent, an equitable mortgage created by deposit of title is not enforceable unless registered. The absence of registration or caveat means the plaintiff cannot enforce foreclosure or…

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• Equitable Mortgage
• Registration Of Mortgage
• Loan Security
• Foreclosure
• Power Of Attorney
• Enforcement Of Security

Mugerwa v Wagona T.A Skyline Coffee Processors

Mugerwa v Wagona T.A Skyline Coffee Processors (Civil Suit No. 619 of 1992) [1993] UGHC 29 (5 May 1993)

Court

High Court of Uganda

Case number

Civil Suit No. 619 of 1992

Judge

Okello, J

A partnership and loan-security dispute was filed in the High Court, but the parties later consented to dismiss the suit with costs to the defendant.

• Partnership Disputes
• Breach Of Contract
• Loan Security
• Mortgage Liability
• Partnership-disputes
• Breach-of-contract