Uganda Case Law

Namukasa v Namayanja & 4 Others

Namukasa v Namayanja & 4 Others (Civil Application 391 of 2024) [2024] UGCA 292 (11 October 2024)

Court

Court of Appeal of Uganda

Case number

Civil Application 391 of 2024

Judge

Kazibwe, JA

The application for a temporary injunction is incompetent because the applicant did not seek the requisite leave to appeal against the decision dismissing the application for review. The right of appeal is statutory, and in the absence of leave, no valid Notice of Appeal exists to support the application. Without a competent appeal, the Court cannot entertain an application for injunction or stay of execution. The preliminary objections raised by the respondents are upheld, and the application is dismissed with costs.

Source excerpt

• Temporary Injunction
• Notice Of Appeal Requirements
• Mortgage Dispute
• Consent Judgment
• Locus Standi
• Stay Of Execution

Miggade v Guaranty Trust Bank Limited

Miggade v Guaranty Trust Bank Limited (Miscellaneous Application 2897 of 2023) [2024] UGCommC 42 (14 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2897 of 2023

Judge

Tumusiime Rubagumya, J

The High Court granted the applicant unconditional leave to defend a commercial summary suit, finding that disputes over guarantor liability and the secured transaction raised bona fide triable issues.

• Summary Procedure
• Leave To Defend
• Guarantee Liability
• Mortgage Dispute
• Triable Issue
• Unconditional Leave

African Forward Christian Ministries v Kizito and Another (High Court Civil Suit 1128 of 2019)

African Forward Christian Ministries v Kizito and Another (High Court Civil Suit 1128 of 2019) [2023] UGHCLD 186 (29 June 2023)

Court

HC: Land Division (Uganda)

Case number

High Court Civil Suit 1128 of 2019

Judge

Asiimwe, J

The High Court upheld a land sale agreement, granted specific performance, vacant possession, a declaration of ownership, and costs, subject to clearing the outstanding mortgage balance.

• Specific Performance
• Sale Of Land
• Vacant Possession
• Mesne Profits
• Mortgage Dispute
• Specific-performance

Awati v The Miscrofinance Support Centre Limited

Awati v The Miscrofinance Support Centre Limited (Miscellaneous Application 7 of 2015) [2023] UGHC 346 (21 February 2023)

Court

High Court of Uganda

Case number

Miscellaneous Application 7 of 2015

Judge

Ajiji, J

The Grade 1 Magistrate's Court lacked jurisdiction to hear the suit because the value of the subject matter (Ugshs.335,000,000/-) far exceeded the statutory pecuniary limit of Ugshs.20,000,000/-. Jurisdiction is strictly a matter of law and cannot be conferred by the parties or by error. The proceedings in the Magistrate's Court are therefore a nullity. The proper remedy is to transfer the case to the High Court, which has unlimited jurisdiction in civil matters. The application for transfer is granted, and each party is to bear its own costs.

Source excerpt

• Pecuniary Jurisdiction
• Transfer Of Suit
• Mortgage Dispute
• Spousal Consent
• Court Powers

Kapampa and 2 Others v Cooperative Bank Limited ( in liquidation)

Kapampa and 2 Others v Cooperative Bank Limited ( in liquidation) (Miscellaneous Application No. 45 of 2003) [2023] UGHCCD 4 (17 January 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 45 of 2003

Judge

Mugabo, J

The court found that although there was reasonable excuse for the applicants' absence on the hearing date due to improper service, the original application for reinstatement was incurably defective because it was not supported by a valid sworn affidavit as required by law. The subsequent amended motion and affidavit could not cure this fundamental defect, as a nullity cannot be remedied by later actions. The delay in filing the amended motion was not attributed to the applicants, and the court found no prejudice to the respondent. However, the lack of a valid affidavit was a substantive legal…

Source excerpt

• Reinstatement Of Dismissed Suit
• Service Of Process
• Affidavit Validity
• Mortgage Dispute
• Delay In Prosecution

Musoke & Anor v Tropical Bank Limited (Misc Application No. 554 of 2017)

Musoke & Anor v Tropical Bank Limited (Misc Application No. 554 of 2017) [2017] UGHCLD 235 (22 September 2017)

Court

HC: Land Division (Uganda)

Case number

Misc Application No. 554 of 2017

Judge

Kawesa, J

The court found that the applicants had established a prima facie case, as there were triable issues regarding the ownership and rights over the suit land, which is part of the estate of the late George D. Musoke. The risk of irreparable damage was present because the land had already been mortgaged and was at risk of being transferred to third parties, making damages inadequate as a remedy. The balance of convenience favored the applicants, as the respondent was dealing with a third party, and any alteration of the status quo could render the main suit nugatory. Therefore, the application fo…

Source excerpt

• Temporary Injunction
• Estate Administration
• Mortgage Dispute
• Status Quo Preservation

Kiwanuka Vs Micro Finance Support Centre Ltd & Anor

Kiwanuka Vs Micro Finance Support Centre Ltd & Anor (Civil Application No. 256 of 2015.) [2015] UGCA 85 (23 October 2015)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 256 of 2015.

The Court of Appeal granted a five-month interim injunction to preserve disputed property pending an application to extend an earlier temporary injunction.

• Temporary Injunction
• Mortgage Dispute
• Spousal Consent Requirement
• Stay Of Execution
• Temporary-injunction
• Stay-of-execution

Wasswa v Moulders (U) Ltd (High Court Miscellaneous Application No. 999 of 2014)

Wasswa v Moulders (U) Ltd (High Court Miscellaneous Application No. 999 of 2014) [2015] UGCommC 142 (1 June 2015)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 999 of 2014

The High Court granted the applicant unconditional leave to defend, finding two bona fide triable issues: jurisdiction and validity of the mortgage over disputed matrimonial property.

• Summary Procedure
• Leave To Defend
• Jurisdictional Challenge
• Mortgage Dispute
• Matrimonial Property
• Spousal Consent

Katungye v Centenary Rural Development Bank Ltd & Ors

Katungye v Centenary Rural Development Bank Ltd & Ors (Miscellaneous Application No. 184 of 2013) [2013] UGHCCD 102 (5 August 2013)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Application No. 184 of 2013

The High Court certified an application as urgent after finding the applicant faced a real risk of eviction and loss of property from a threatened sale.

• Certificate Of Urgency
• Court Vacation Proceedings
• Advertisement Of Property For Sale
• Eviction Threats
• Mortgage Dispute
• Certificate-of-urgency

Nakawooya v Segawa & 3 Ors (Ma No. 35 of 2011)

Nakawooya v Segawa & 3 Ors (Ma No. 35 of 2011) [2012] UGHC 9 (19 January 2012)

Court

High Court of Uganda

Case number

Ma No. 35 of 2011

Judge

Tuhaise, J

The application for a temporary injunction fails because the status quo the applicant seeks to protect has already been disturbed; the suit property was sold to a third party prior to the application. The purpose of a temporary injunction is to preserve the status quo, but where the property has already been alienated, such an order would be futile. The applicant did not rebut the respondents' evidence of sale, and the court is not required to address other principles for granting an injunction when the status quo no longer exists. Accordingly, the application is dismissed with costs.

Source excerpt

• Temporary Injunction
• Status Quo Preservation
• Mortgage Dispute
• Spousal Consent
• Eviction
• Alienation Of Property