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Uganda decisions
Decisions matching the current search
Platinum Credit (U) Limited v Twesiga Hillary (Originating Summons No. 40 of 2024) [2025] UGCommC 151 (15 May 2025)
The High Court dismissed a mortgage foreclosure originating summons after finding disputed facts about repayment and inadequate proof of indebtedness.
James Mwangushya Driers v Centenary Rural Development Bank Ltd (Miscellaneous Application No. 1802 of 2024) [2025] UGCommC 139 (31 March 2025)
The court found that the applicant failed to serve the application within the prescribed 21 days and did not seek an extension of time, rendering the application fatally defective and liable to dismissal. The applicant did not file an affidavit in rejoinder to contest the respondent's evidence regarding late service, and the law presumes uncontroverted evidence as admitted. On the merits, the court held that the applicant was effectively served with summons via WhatsApp, as evidenced by the process server's affidavit and supporting documentation, and thus had sufficient knowledge of the suit.…
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Brain Bridge High School Limited v MontClair Schools Limited and Another (Civil Suit 65 of 2022) [2024] UGHC 1124 (11 December 2024)
The plaintiff, through its directors, executed a corporate guarantee in favor of the 2nd defendant, thereby assuming liability for the loan advanced to Mashunga Enterprises (U) Ltd. Upon default, the 2nd defendant lawfully exercised its right of foreclosure and sold the mortgaged property, which was limited to the land and developments thereon. The movable properties of the plaintiff were not pledged as collateral and were not subject to sale under the Mortgage Act. The plaintiff failed to prove that its school assets were sold or that it made any demand for their return, which is essential f…
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Kobusinge v Centenary Rural Development Bank Limited & Another (Civil Appeal 4 of 2022) [2024] UGHC 538 (11 June 2024)
High Court dismissed a mortgage appeal, upheld the sale of the suit land, and set aside damages, interest, and costs wrongly awarded to the appellant.
Equity Bank (U) Limited & Another v Great Value Safaris Limited & Another (Miscellaneous Appeal 7 of 2024) [2024] UGCommC 127 (8 April 2024)
The court found that the learned Registrar erred in law by granting a temporary injunction that reversed the status quo of the suit properties. At the time of hearing the application for temporary injunction, the properties had already been sold to the 2nd appellant and vacant possession had been granted. The Registrar failed to make a clear finding on which party was in possession, and neither party provided substantive evidence of possession. The burden of proof lay with the applicants, who failed to prove they were in possession at the relevant time. Granting the injunction had the effect…
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Ssenkaali George v Standard Chartered Bank (U) Limited & Anor (HC Civil Suit 387 of 2020) [2024] UGHCLD 44 (21 February 2024)
The court found that the only remaining claim against the Commissioner Land Registration was for an order to register the plaintiff as proprietor of the suit property. This claim had already been litigated and finally determined in Misc. Cause No. 106 of 2018, where the court declined to grant the order. The present suit, therefore, was barred by res judicata under section 7 of the Civil Procedure Act. The court emphasized that the plaintiff's remedy, if any, lay in appealing or seeking review of the previous decision, not in instituting a fresh suit on the same matter. The consent settlement…
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Anyoti v Root Capital Inc (Miscellaneous Application 844 of 2023) [2023] UGCommC 152 (27 November 2023)
The court granted conditional leave to defend a summary commercial suit, allowing the applicant to contest only the quantum of liability and requiring security in court.
United Bank of Africa (U) Limited v Makafra Contractors Limited & 2 Others (Civil Suit 902 of 2016) [2023] UGCommC 210 (14 November 2023)
The High Court upheld a bank’s claim for the outstanding loan balance after finding default and lawful foreclosure, while dismissing the borrowers’ undervaluation counterclaim.
Muleme v Absa Bank Uganda Limited (Labour Dispute Miscellaneous Application 49 of 2023) [2023] UGIC 91 (27 June 2023)
The court found that the applicant remains the registered proprietor of the suit property, as no evidence of sale or transfer was adduced by the respondent. The applicant demonstrated the existence of a substantive pending application for a temporary injunction, satisfying the threshold for grant of interim relief. The respondent's objections regarding the affidavit in reply and allegations of forum shopping were overruled, as the affidavit disclosed the means of knowledge and was properly sworn by an advocate duly instructed. The court held that the purpose of an interim injunction is to pre…
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Cairo Bank Uganda v James Ventures (U) Ltd, Byaruhanga James & Ndagire Durucansi Milly (Originating Summons 5 of 2023) [2023] UGCommC 130 (30 January 2023)
The High Court granted Cairo Bank Uganda foreclosure and vacant possession over mortgaged property after unchallenged evidence of loan default, but refused private treaty sale.
