Uganda Case Law

Kitaka v Guaranty Trust Bank (U) Limited

Kitaka v Guaranty Trust Bank (U) Limited (Miscellaneous Application 369 of 2024) [2024] UGCommC 136 (30 April 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 369 of 2024

Judge

Tumusiime Rubagumya, J

The court found that the applicant raised bona fide triable issues of law and fact regarding the legality of the mortgage transaction, his liability as a guarantor, and the existence of a dispute over the mortgaged property, which is also subject to ongoing litigation and a temporary injunction. The court held that these issues go to the root of the transaction and require judicial determination, thus placing the plaint outside the ambit of summary procedure under Order 36 of the Civil Procedure Rules. Consequently, the applicant was entitled to unconditional leave to appear and defend the su…

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• Summary Procedure
• Leave To Defend
• Mortgage Liability
• Guarantee Enforcement
• Triable Issues
• Matrimonial Property

Ganafa v DFCU Bank

Ganafa v DFCU Bank (Civil Suit No. 465 of 2014) [2015] UGCommC 182 (7 December 2015)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 465 of 2014

The court found that the Plaintiff was a mortgagor who pledged his property as security for the loan facility advanced to the Borrowers. There was no evidence of a separate guarantee agreement, and the mortgage deed expressly defined the Plaintiff as a mortgagor. The alleged subsequent loan facility was not proven; the transfer of indebtedness between accounts was an internal administrative mechanism and did not constitute a new loan or discharge the mortgage. The Plaintiff was not personally liable as a guarantor, but the property remained liable as security for the outstanding debt. The cou…

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• Mortgage Liability
• Guarantee Vs Mortgagor
• Contract Variation
• Security Enforcement
• Loan Default
• Power Of Attorney

Bakiza v Nafuna Bakiza (Divorce Cause No. 22 of 2011)

Bakiza v Nafuna Bakiza (Divorce Cause No. 22 of 2011) [2015] UGHCFD 26 (20 August 2015)

Court

HC: Family Division (Uganda)

Case number

Divorce Cause No. 22 of 2011

Judge

Tuhaise, J

The High Court held that the matrimonial home at Plot 5 Semawata Road, Ntinda belonged to the cross petitioner after he redeemed the mortgage and the respondent lost her claim through wrongdoing.

• Matrimonial Property
• Division Of Property
• Joint Ownership
• Mortgage Liability
• Clean Hands Doctrine
• Matrimonial-property

Mugerwa v Wagona T.A Skyline Coffee Processors

Mugerwa v Wagona T.A Skyline Coffee Processors (Civil Suit No. 619 of 1992) [1993] UGHC 29 (5 May 1993)

Court

High Court of Uganda

Case number

Civil Suit No. 619 of 1992

Judge

Okello, J

A partnership and loan-security dispute was filed in the High Court, but the parties later consented to dismiss the suit with costs to the defendant.

• Partnership Disputes
• Breach Of Contract
• Loan Security
• Mortgage Liability
• Partnership-disputes
• Breach-of-contract