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18 Sept 2001

Civil Procedure [2001] UGCA 2

John Verjee and Anor v Simon Kalenzi and Ors

John Verjee and Anor v Simon Kalenzi and Ors (Civil Appeal No. 71 of 2000) [2001] UGCA 2 (18 September 2001)

Court: Court of Appeal of Uganda
Case number: Civil Appeal No. 71 of 2000

The Court of Appeal held that in objector proceedings, the decisive issue is possession at the date of attachment, not the validity of the debenture or mortgage or their registration status. The respondents, as receivers appointed by the East African Development Bank, were in possession of the property before the attachment and held it not for the judgment debtor but for the debenture holder. The court found that receivers, though technically lacking legal title, have sufficient possessory rights to object to attachment and may bring proceedings in their own names to protect those rights. The…

Source excerpt

Objector Proceedings
Receivership
Attachment Of Property
Debenture Registration
Locus Standi
Mortgage Law

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15 Sept 1998

Land And Property [1998] UGCA 48

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited (Civil Appeal 17 of 1998) [1998] UGCA 48 (15 September 1998)

Court: Court of Appeal of Uganda
Case number: Civil Appeal 17 of 1998
Judge: Manyindo, DCJ, Okello, JA, Twinomujuni, JA

The Court of Appeal held that the debentures executed by the respondent in favour of the second and fifth appellants, though not registered at the Lands Registry, were registered at the Companies Registry and thus created legal mortgages over all the respondent's immovable assets, including the suit lands. The debentures expressly empowered the receivers/managers to act as attorneys of the respondent for the purpose of selling and transferring the charged property. The court found that the trial judge erred in holding that the debentures only created equitable charges and that a separate powe…