Uganda Case Law

Centenary Rural Development Bank v Dorcas Nanjero

Centenary Rural Development Bank v Dorcas Nanjero (Civil Application No: 585 of 2024) [2025] UGCA 205 (17 June 2025)

Court

Court of Appeal of Uganda

Case number

Civil Application No: 585 of 2024

Judge

Musa Ssekaana, JA/JCC

The court found that the applicant had satisfied all the conditions for the grant of a stay of execution. The applicant properly filed a notice of appeal before obtaining leave, as permitted by Rule 76(4) of the Court of Appeal Rules. The appeal was not frivolous and raised genuine triable issues, including whether the trial court erred in awarding excessive damages for a mistake attributed to the Lands Office. The applicant demonstrated that irreparable harm would result if execution proceeded, as the decretal sum would be distributed among estate beneficiaries, making recovery difficult if…

Source excerpt

• Stay Of Execution
• Mortgage Registration
• Appeal Procedure
• Irreparable Damage
• Balance Of Convenience

Serunjogi v Asiimwe and Others

Serunjogi v Asiimwe and Others (Civil Suit 575 of 2019) [2023] UGCommC 96 (22 September 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 575 of 2019

Judge

Abinyo, J

The court found that the Plaintiff failed to establish a cause of action or prove fraud against the 2nd Defendant, as there was no evidence linking the 2nd Defendant to the fraudulent transfer or mortgage of the suit land. The 2nd Defendant had dealt with a different individual (Asiimwe Amos) and had conducted due diligence based on the land register. However, the Plaintiff proved on a balance of probabilities that the transfer of title to the 1st Defendant was illegal and that the subsequent mortgage to the 2nd Defendant was also illegal. The 1st and 3rd Defendants failed to defend the suit,…

Source excerpt

• Fraudulent Transfer Of Land
• Mortgage Registration
• Title Cancellation
• Remedies And Damages
• Burden Of Proof
• Injunctive Relief

Bagenda and Another v Ssenyonga

Bagenda and Another v Ssenyonga (Civil Suit 755 of 2016) [2023] UGHCLD 284 (13 September 2023)

Court

HC: Land Division (Uganda)

Case number

Civil Suit 755 of 2016

Judge

Bernard Namanya, J

The court found that the 1st plaintiff, Kasim Bagenda, is the lawful registered owner of the suit property, having purchased it from Faith Mbabazi and being duly registered on the certificate of title. The 2nd plaintiff, Housing Finance Bank Ltd, lawfully holds a mortgage over the property. The defendant, Ssenyonga Ronald, failed to prove lawful acquisition of a Kibanja interest, as there was no evidence of consent from the registered owner, nor proof that his vendor, Agnes Kabaziba, had any valid interest to transfer. The purported Kibanja transaction was thus null and void. The defendant's…

Source excerpt

• Ownership Of Land
• Mortgage Registration
• Kibanja Tenure
• Trespass To Land
• Mesne Profits
• Damages

Dilbagh Singh properties Ltd and Anor v John Seromba and 10 ors

Dilbagh Singh properties Ltd and Anor v John Seromba and 10 ors (Miscellaneous Application No. 2072 of 2022) [2022] UGHCLD 171 (6 September 2022)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application No. 2072 of 2022

Judge

Nkonge, J

The High Court allowed joinder and amendment, adding the 9th to 11th respondents as parties, but dismissed the application against the 1st to 8th respondents for want of service.

• Joinder Of Parties
• Amendment Of Pleadings
• Service Of Process
• Mortgage Registration
• Joinder-of-parties
• Amendment-of-pleadings

Centenary Rural Development Bank Limited v Odongipou

Centenary Rural Development Bank Limited v Odongipou (Miscellaneous Application No. 285 of 2021) [2022] UGCommC 27 (26 April 2022)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 285 of 2021

Judge

Abinyo, J

The High Court dismissed a bank’s review application, finding no sufficient new evidence and holding that the applicant had not shown due diligence before the earlier ruling.

• Review Of Judgment
• Mortgage Registration
• Due Diligence
• General Damages
• Review-of-judgment
• Due-diligence

Wills International Engineers and Contractors Limited and Another v DFCU

Wills International Engineers and Contractors Limited and Another v DFCU (Civil Appeal No. 260 of 2017) [2022] UGCA 57 (24 February 2022)

Court

Court of Appeal of Uganda

Case number

Civil Appeal No. 260 of 2017

Judge

Musota, JA, Bamugemereire, JA, Musoke, JA

The Court of Appeal allowed a challenge over wrongful land encumbrances by a bank, set aside nominal damages, awarded general damages, costs, and release of titles.

• Bank Loans And Facilities
• Mortgage Registration
• Fraudulent Encumbrances
• Damages For Wrongful Encumbrance
• Costs Award
• Contempt Of Court

Owembabazi v Guarantee Trust Bank Limited and Others

Owembabazi v Guarantee Trust Bank Limited and Others (Civil Suit 63 of 2019) [2021] UGCommC 139 (22 April 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 63 of 2019

Judge

Stephen Mubiru, J

The High Court dismissed a land claim over a kibanja, finding no proven lawful kibanja ownership, no actual occupation, and no basis to upset the mortgage or execution.

• Mortgage Registration
• Kibanja Tenancy
• Actual Occupation
• Execution Of Decree
• Trespass To Land
• Land-and-property

Owembabazi Enid v Guaranty Trust Bank Limited and 2 Others

Owembabazi Enid v Guaranty Trust Bank Limited and 2 Others (Civil Suit No. 63 of 2019) [2021] UGHCCD 88 (22 April 2021)

Court

HC: Civil Division (Uganda)

Case number

Civil Suit No. 63 of 2019

Judge

Stephen Mubiru, J

The court held the plaintiff failed to prove a lawful kibanja interest or actual occupation, upheld the mortgage, and dismissed the suit with costs.

• Kibanja Tenure
• Mortgage Registration
• Actual Occupation
• Execution Of Decrees
• Trespass To Land
• Kibanja-tenure

Lutalo Vs Stanbic Bank (U) Ltd & Anor

Lutalo Vs Stanbic Bank (U) Ltd & Anor (Civil Suit No. 186 of 2012) [2019] UGHCLD 19 (7 May 2019)

Court

HC: Land Division (Uganda)

Case number

Civil Suit No. 186 of 2012

Judge

Kawesa, J

The High Court cancelled a fraudulent title, found the second defendant had unlawfully obtained and mortgaged the land, and awarded the plaintiff damages and costs.

• Fraudulent Transfer Of Title
• Mortgage Registration
• Remedies For Land Fraud
• Indefeasibility Of Title
• Injunctive Relief
• Fraudulent-transfer-of-title

In Re: The Companies Act Cap. 110 & In Re: An Application by Standard Chartered Bank Uganda Limited to extend the time within which to register Particulars of a Charge (Misc. Companies Cause No. 49 of 2008) (Misc. Companies Cause No. 49 of 2008)

In Re: The Companies Act Cap. 110 & In Re: An Application by Standard Chartered Bank Uganda Limited to extend the time within which to register Particulars of a Charge (Misc. Companies Cause No. 49 of 2008) (Misc. Companies Cause No. 49 of 2008) [2009] UGHC 10 (27 January 2009)

Court

High Court of Uganda

Case number

Misc. Companies Cause No. 49 of 2008

The High Court of Uganda extended time for a bank to register a charge under the Companies Act, finding the omission was inadvertent and caused no prejudice.

• Registration Of Charges
• Mortgage Registration
• Companies Act Compliance
• Registration-of-charges
• Mortgage-registration
• Companies-act-compliance