Uganda Case Law

Necta (U) Limited and Another v Crane Bank Limited

Necta (U) Limited and Another v Crane Bank Limited (Civil Appeal 219 of 2013) [2021] UGCA 201 (8 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 219 of 2013

Judge

Kiryabwire, JA, Monica K. Mugenyi, JA, Kasule, Ag JA

The Court of Appeal found that the special resolution authorizing the mortgage was invalid, as it was not signed by all directors as required by the company's articles and Regulation 106 of Table A. The mortgage and further charges were defective for lack of proper execution, absence of company seal, and signatures not in Latin character, contrary to the Registration of Titles Act and company articles. The sale of the property was therefore invalid, as it was based on defective security. Notice requirements for demand and sale were not met, as public advertisements did not constitute personal…

Source excerpt

• Company Resolutions
• Mortgage Execution
• Director Authority
• Invalid Security
• Notice Requirements
• Damages For Wrongful Sale

Necta (U) Limited and Another v Crane Bank Limited

Necta (U) Limited and Another v Crane Bank Limited (Civil Appeal No. 219 of 2013) [2021] UGCA 34 (8 June 2021)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 219 of 2013

Judge

Monica K. Mugenyi, JA, Kasule, Ag JA, Kiryabwire, JA

The Court of Appeal found that the special resolution authorizing the mortgage was invalid, as it was not signed by all directors as required by the company's articles and Regulation 106 of Table A. The mortgage and further charges were defective for lack of proper execution, absence of the company seal, and signatures not in Latin character, contrary to the Registration of Titles Act and company law. The sale of the property was therefore unlawful, as it was based on invalid security instruments and notice requirements were not met. The respondent bank failed to discharge its duty to ensure…

Source excerpt

• Company Resolutions
• Mortgage Execution
• Directors Authority
• Invalid Security Interest
• Notice Requirements
• Damages For Conversion

Global Capital Save 2004 Ltd v Okiror & Anor

Global Capital Save 2004 Ltd v Okiror & Anor (Civil Appeal No. 151 of 2012) [2020] UGCA 70 (22 June 2020)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 151 of 2012

Judge

Egonda-Ntende, JA, Kibeedi, JA, Barishaki, JA

The Court of Appeal upheld findings that a mortgage/loan arrangement was invalid for defective execution, lack of attestation, absence of spousal consent, and unconscionable interest.

• Mortgage Execution
• Money Lending Regulation
• Unconscionable Interest
• Spousal Consent Requirement
• Contract Enforceability
• Mortgage-execution

Non Performing Assets Recovery Trust v General Parts (U) Ltd

Non Performing Assets Recovery Trust v General Parts (U) Ltd (Miscellaneous Application 8 of 2000) [2000] UGSC 21 (18 October 2000)

Court

Supreme Court of Uganda

Case number

Miscellaneous Application 8 of 2000

Judge

Oder, JSC

The Supreme Court of Uganda dismissed an application to recall and correct its prior judgment, holding the alleged mortgage-sealing error was not a slip warranting correction.

• Slip Rule Application
• Mortgage Execution
• Admission Of Additional Evidence
• Inherent Powers Of Court
• Res Judicata Effect
• Costs Award

Hajmohamed v Yahooda

Hajmohamed v Yahooda (Civil Appeal No. 49 of 1950) [1951] EACA 113 (1 January 1951)

Court

East African Court of Appeal

Case number

Civil Appeal No. 49 of 1950

Judge

Lockhart-Smith, Ag. VP, Sinclair, Ag. CJ. (Tanganyika), Worley VP

The Court of Appeal for Eastern Africa partly allowed an appeal over a mortgage sale, holding that Rule 299 required a reserve price when a mortgagee was allowed to bid.

• Mortgage Execution
• Reserve Price Requirement
• Judicial Sale Irregularity
• Confirmation Of Sale
• Costs Award
• Consent Orders