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Uganda decisions
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Nassimbwa v Magala & Another (Civil Suit 830 of 2022) [2024] UGCommC 133 (18 April 2024)
The High Court declined to award the bank costs after the parties settled by consent, holding the loan rescheduled clause did not cover this suit's costs.
Tumusiime Vs Karungi & Anor (MISCELLANEOUS CAUSE NO. 002 OF 2018) [2018] UGHCCD 38 (22 August 2018)
The court found that the property in question was mortgaged to Centenary Bank with the 1st Respondent acting as guarantor, which implied her consent to the transaction. The 1st Respondent's claim of forgery was unsupported by evidence, as the burden of proof lay on her and was not discharged. The property was not the ordinary residence of the family nor the main source of sustenance, as the family home and businesses were elsewhere. The Land Act does not prevent sale of property where other sources of sustenance exist. The caveat was therefore unjustified, and the Registrar of Titles was orde…
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