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Uganda decisions
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R.L Jain v Komugisha & 2 Ors (HCCS 98 of 2013) [2015] UGCommC 77 (14 April 2015)
The court held the third loan was secured by mortgage and exempt from the Moneylenders Act, but struck down compounded interest beyond three months as unconscionable.
Victoria Printing Press Limited v Many (Civil Case No. 149 of 1939) [1938] EACA 182 (1 January 1938)
The court held that the requirements of section 10 of the Moneylenders Ordinance, 1932, were satisfied because the memorandum of agreement expressly referred to the debenture, a copy of which was attached and delivered to the borrower at the time of execution. The court distinguished prior authorities where the borrower had not received a copy of the security, emphasizing that the borrower in this case was fully aware of the terms, including any onerous provisions. The court found that it is permissible for the statutory memorandum to consist of more than one document, provided there is a cle…
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Shikeley v Abdulla (Civil Appeal No. 10/1935.) [1935] EACA 105 (1 January 1935)
The Court of Appeal found that the appellant's lending activities were confined to lending money on mortgage and were conducted as a bona fide business, distinct from general moneylending. The evidence showed that the appellant had engaged in four or five mortgage loan transactions over two years, with income from rents exceeding interest from loans, and no indication of lending on other forms of security. The statutory exception under section 2(1)(b) of the Moneylenders Ordinance applied, exempting the appellant from the registration requirement. The trial judge erred in treating the appella…
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