Bukenya v Remode Enterprises Limited
Bukenya v Remode Enterprises Limited (Civil Appeal No. 40 of 2014) [2023] UGCA 114 (20 March 2023)
The Court of Appeal found that the respondent, Remode Enterprises Ltd, was a moneylender and not a mortgagee, and that the transaction was governed by the Moneylenders Act, not the Mortgage Act. The respondent's suit was tainted by illegality due to excessive interest rates and was potentially time-barred. The evidence regarding the alleged fraud and backdating of the sale agreement was inconclusive, with both parties presenting equally probable accounts. The trial Judge erred in shifting the burden of proof to the appellant and in relying on a consent judgment to which the appellant was not…
Source excerpt
- Moneylending Disputes
- Mortgage Vs Moneylender Distinction
- Fraudulent Conveyance
- Burden Of Proof
- Limitation Periods
- Consent Judgments