Uganda Case Law

Nakato v Housing Finance Bank Limited and Another

Nakato v Housing Finance Bank Limited and Another (Civil Appeal 687 of 2021) [2022] UGCommC 130 (5 April 2022)

Court

Commercial Court of Uganda

Case number

Civil Appeal 687 of 2021

Judge

Stephen Mubiru, J

The Registrar's imposition of the 30% deposit condition was a proper exercise of discretion under Regulation 13 of The Mortgage Regulations, 2012. The appellant failed to provide sufficient evidence of undue hardship or inability to pay, relying instead on general assertions of illiteracy, family size, and lack of alternative accommodation. The court found no specific error in law or fact, nor any manifest injustice in the Registrar's decision. The statutory requirements for mortgages override traditional considerations for temporary injunctions, and the discretion to waive the deposit must b…

Source excerpt

• Mortgage Regulation
• Temporary Injunction
• Matrimonial Home
• Foreclosure Procedure
• Judicial Discretion

Kigongo v Kigongo

Kigongo v Kigongo (Civil Suit 295 of 2015) [2017] UGHCLD 369 (27 April 2017)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 295 of 2015

Judge

Namundi, J

The High Court found no proven customary marriage, but held that proprietary estoppel gave the defendant a 50% interest in the home and ordered joint registration.

• Proprietary Estoppel
• Cohabitation Rights
• Customary Marriage
• Matrimonial Home
• Tenancy In Common
• Proprietary-estoppel

Florah Rwamarungu v DCFU Leasing Co. Ltd (HCT-00-CC-MA 436 of 2007)

Florah Rwamarungu v DCFU Leasing Co. Ltd (HCT-00-CC-MA 436 of 2007) [2007] UGCommC 75 (19 September 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-MA 436 of 2007

The High Court dismissed an application for temporary injunction over alleged family land, finding no irreparable loss and noting the challenged sale had already occurred.

• Temporary Injunction
• Family Land Consent
• Irreparable Loss
• Mortgage Variation
• Status Quo
• Matrimonial Home

Amina Rose Nakaye v Haji Juma Achikule

Amina Rose Nakaye v Haji Juma Achikule (Civil Suit No. 29 of 1993) [1994] UGHC 118 (25 May 1994)

Court

High Court of Uganda

Case number

Civil Suit No. 29 of 1993

Judge

Mukanza, J

The High Court held that the plaintiff was the deceased’s widow and entitled to letters of administration, removed the caveat, and awarded her possession of the matrimonial home.

• Letters Of Administration
• Succession Act
• Islamic Marriage
• Customary Marriage
• Matrimonial Home
• Caveat Removal