Uganda Case Law

Orikiriza v KCB Bank & 3 Others

Orikiriza v KCB Bank & 3 Others (Civil Appeal 140 of 2023) [2024] UGHCLD 74 (21 March 2024)

Court

HC: Land Division (Uganda)

Case number

Civil Appeal 140 of 2023

Judge

Naluzze Aisha Batala, J

The court held that the Assistant Registrar properly exercised discretion in requiring the applicant to deposit 30% of the outstanding mortgage balance as a condition for the temporary injunction, as permitted by Regulation 13 of the Mortgage Regulations, 2012. The applicant failed to provide sufficient evidence of undue hardship or inability to pay, and mere submissions or averments do not constitute evidence. However, the court found that the order limiting the injunction to 6 months, subject to renewal, was inconsistent with the purpose of a temporary injunction, which is to preserve the s…

Source excerpt

• Mortgage Injunctions
• Spousal Consent
• Judicial Discretion
• Temporary Injunctions
• Matrimonial Property

Kagoro v Cairo Bank Uganda Limited

Kagoro v Cairo Bank Uganda Limited (Miscellaneous Appeal 14 of 2023) [2023] UGCommC 105 (6 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 14 of 2023

Judge

Kahigi Asiimwe, J

The High Court upheld a registrar’s order requiring a 30% deposit under mortgage regulations and dismissed the appeal and review application.

• Mortgage Injunctions
• Security Deposit Requirements
• Review Of Registrar Orders
• Temporary Injunctions
• Mortgage-injunctions
• Security-deposit-requirements