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Uganda decisions
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Cairo Bank Uganda v Nuwabiine & 4 Others (Civil Suit 854 of 2022) [2024] UGCommC 257 (20 August 2024)
The court dismissed professional negligence claims against the 4th defendant, but entered judgment for the bank against the other defendants for the liquidated debt and damages.
Kabuubi & Another v Kashaya & 3 others (Civil Suit 385 of 2020) [2024] UGCommC 18 (25 January 2024)
The court found that the 2nd defendant fraudulently obtained a grant of letters of administration by making false declarations regarding the deceased's identity and date of death, and used this to transfer the land into his name and then to the 1st defendant. The 1st defendant, despite claiming to be a bona fide purchaser, failed to exercise due diligence by not making reasonable inquiries about the land's occupants and ownership, and thus was found to have constructive notice of the fraud. The court held that the 1st defendant's registration as proprietor was tainted by fraud, and that he co…
Source excerpt
Kanyima v Mercantile Credit Bank Limited and Another (Miscellaneous Application 85 of 2021) [2023] UGCommC 42 (30 January 2023)
The High Court held that land in Luzira was neither a matrimonial home nor family land, so the mortgage was not voided despite fraudulent spousal consent.
Muddu Awulira v Buye Abayita Ababiri Growers Coop Society Limited & 3 Ors (HCT-00-CC-CS 627 of 2014) [2017] UGCommC 65 (4 July 2017)
The High Court dismissed preliminary objections on locus standi and statutory bar, holding the plaintiff could sue to preserve estate property and section 91 did not apply.
Luganda v Mbawadde and 3 Others (HCCS NO. 166 OF 2016) [2016] UGHCLD 282 (19 September 2016)
The court found fraudulent transfers and a fraudulent mortgage over the plaintiff’s land, nullified both, restored the plaintiff’s title, and granted injunctions and damages.
Prof. Nsereko v Barclays Bank of Uganda Ltd & Ors (Civil Suit No. 18 of 2009) [2015] UGHCLD 18 (1 July 2015)
The High Court found the mortgage and sale of the plaintiff’s land were based on forgery and fraud. The third defendant was not a bona fide purchaser.
Yahaya Ziraba Balyejjusa v Development Finance Co. of Uganda Ltd (CIVIL SUIT NO. 99 OF 1998) [1999] UGHC 39 (14 October 1999)
The High Court dismissed a land dispute after finding no pleaded or proven fraud by the defendant in a mortgage registered on the strength of a disputed power of attorney.
