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Uganda decisions
Decisions matching the current search
Ssemanda John v Platinum Credit (U) Ltd (Miscellaneous Cause No. 84 of 2024) [2025] UGCommC 143 (29 May 2025)
The High Court partly granted a borrower’s application, finding the collateral sale irregular because the lender failed to value the vehicle before selling it.
Mambasa v Ibalu Associates Limited & Another (Civil Suit 61 of 2024) [2024] UGHC 657 (25 June 2024)
The Plaintiff's cause of action is primarily founded on grounds covered by Section 89(1) of the Tier 4 Microfinance Institutions and Money Lenders Act and Regulation 26 of the corresponding Regulations, namely excessive interest and unconscionable terms. Regulation 26 is mandatory and requires that any application to reopen a money lending transaction be brought by Notice of Motion, not by plaint. The Plaintiff's argument that the absence of a Money Lender's licence exempts the transaction from the procedural requirements is untenable, as the court must still apply the relevant money lending…
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Mitegyeko v Goldmine Finance Limited and Another (Misc Cause 94 of 2022) [2023] UGCommC 106 (13 October 2023)
The court found that the transaction between the applicant and respondents was a loan agreement and not a sale of the vehicle. The evidence, including the acknowledgment of receipt of loan funds, affidavits from witnesses, and the circumstances of the transfer, indicated that the applicant did not intend to sell his vehicle but rather pledged it as security for a loan. The sale agreement was deemed null and void due to lack of intention to create legal relations and absence of consideration. The court further held that the interest charged was harsh and unconscionable, and that the practice o…
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Kyobe Vs Kibuuka & Anor (Civil Appeal No. 42 of 2016) [2019] UGCA 143 (11 June 2019)
The Court of Appeal held the transaction was a money lending arrangement, not a land sale, and found the appellant was entitled to recover the principal loan sum.
Kiyaga v Segujja & Anor (Civil Appeal No. 37 of 2010) [2018] UGCA 26 (8 June 2018)
The Court of Appeal found that the interest rate charged on the loan was unconscionable and excessive, exercising its discretion under Section 26 of the Civil Procedure Act to reopen the transaction and substitute a fair interest rate of 20% per annum. The court held that the parties intended to create an equitable mortgage, and the right to redeem the property could not be fettered by any contractual provision. The transfer of the suit land to the second respondent was fraudulent, as it was effected while payments were still being made and the property was intended only as security. The firs…
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Wakanyira George David v Kavuya Ben & 2 Ors (HCT - 00 - CC - CS - 560 - 2006) (HCT-00-CC-CS 560 of 2006) [2010] UGCommC 21 (23 August 2010)
The High Court held the transaction was a sale, not a loan, rejected fraud based on stamp duty issues, and dismissed the plaintiff’s claims with costs.
