Uganda Case Law

Musinguzi v Centenary Rural Development Bank Limited

Musinguzi v Centenary Rural Development Bank Limited (Miscellaneous Appeal 23 of 2021) [2024] UGCommC 284 (26 March 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 23 of 2021

Judge

Anna B. Mugenyi, J

The court held that the requirement under Regulation 13(1) of the Mortgage Regulations, 2012, to deposit 30% of the forced sale value or outstanding amount as a security deposit before a sale can be stayed, remains valid and binding. The constitutional challenge to a similar provision in tax law did not repeal or invalidate Regulation 13, and the Supreme Court's decision in Uganda Projects Implementation and Management Centre v Uganda Revenue Authority is binding. The Appellant was aware of the outstanding amount and could have deposited 30% of it. Since the statutory prerequisite was not met…

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• Temporary Injunctions
• Mortgage Regulations
• Service Of Process
• Employment Termination
• Security Deposit Requirements
• Appeal Procedure

I & M Bank Limited v Mango & Another

I & M Bank Limited v Mango & Another (Miscellaneous Appeal 18 of 2023) [2023] UGCommC 188 (29 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 18 of 2023

Judge

Mutesi, J

The appeal succeeded because the learned Deputy Registrar erred in law and fact by failing to enforce Regulation 13 of the Mortgage Regulations, 2012. The process of sale of the mortgaged security had commenced upon issuance of notices of default, thereby triggering the requirement for a 30% security deposit as a condition for granting a temporary injunction. The absence of a valuation report does not preclude the application of Regulation 13; the deposit may be calculated based on the outstanding loan amount. The 1st respondent's affidavit in reply was struck out due to incurable defects in…

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• Mortgage Regulations
• Temporary Injunctions
• Security Deposit Requirement
• Foreclosure Process
• Affidavit Formality
• Loan Default

Parabot Breweries Ltd (In Recievership) v Standard Chatered Bank (U) Ltd & Anor

Parabot Breweries Ltd (In Recievership) v Standard Chatered Bank (U) Ltd & Anor (Miscellaneous Application No. 208 of 2018) [2018] UGCommC 50 (22 June 2018)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 208 of 2018

The court held that while the applicant sought a temporary injunction to restrain the respondents from selling the mortgaged properties, the grant of such relief is governed by Regulation 13(1) of the Mortgage Regulations 2012, which requires the applicant to deposit 30% of the forced sale value or outstanding amount. The court found itself bound by the Court of Appeal's decision in Ganafa Peter Kisawuzi Vs DFCU Bank Ltd, which precludes the grant of an injunction to an applicant in breach of Regulation 13(1). Although the applicant raised issues of statutory breaches by the respondents, the…

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• Mortgage Regulations
• Temporary Injunctions
• Forced Sale Value
• Statutory Compliance
• Property Sale Notices

DFCU Bank Limited v Muwanga (Misc. Application No. 240 of 2018)

DFCU Bank Limited v Muwanga (Misc. Application No. 240 of 2018) [2018] UGHCLD 38 (12 April 2018)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 240 of 2018

Judge

Kawesa, J

The High Court amended a temporary injunction to require a 30% deposit under the Mortgage Regulations before the respondent could benefit from injunctive relief.

• Mortgage Regulations
• Temporary Injunctions
• Security Deposit Requirement
• Pleadings And Affidavits
• Mortgage-regulations
• Temporary-injunctions