Uganda Case Law

Lutaaya and Others v DFCU Bank Uganda Limited and Others

Lutaaya and Others v DFCU Bank Uganda Limited and Others (Civil Suit 616 of 2020) [2025] UGCommC 76 (30 April 2025)

Court

Commercial Court of Uganda

Case number

Civil Suit 616 of 2020

Judge

Abinyo, J

The Court found that DFCU Bank, by virtue of the Purchase and Assumption Agreement and its own correspondence, was the successor in title to Global Trust Bank for the relevant assets and liabilities, including the suit land. The Plaintiffs established an equitable interest in the subdivided land returned to Hosanna Real Estates Ltd under the consent decree. DFCU Bank's refusal to issue a release of mortgage and the Commissioner Land Registration's failure to transfer titles violated the Plaintiffs' rights. The Court rejected the Defendants' arguments on privity and lack of liability, holding…

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• Mortgage Release
• Successor In Title
• Privity Of Contract
• Liquidation Of Bank
• Equitable Interest In Land
• Mutation And Subdivision

Ndawula v Tropical Bank & Another

Ndawula v Tropical Bank & Another (Miscellaneous Application 3031 of 2024) [2025] UGHCLD 47 (28 March 2025)

Court

HC: Land Division (Uganda)

Case number

Miscellaneous Application 3031 of 2024

Judge

Naluzze Aisha Batala, J

The High Court granted a consequential order vesting disputed land in Rashid Ndawula and ordered release of the title and mortgage discharge.

• Vesting Orders
• Mortgage Release
• Registration Of Titles
• Consequential Orders
• Vesting-orders
• Mortgage-release

Dyingoma v Citibank (in liquidation) (MISCtrLLANEOUS CAUSE NO. OII OF 2024)

Dyingoma v Citibank (in liquidation) (MISCtrLLANEOUS CAUSE NO. OII OF 2024) [2024] UGHC 1220 (30 September 2024)

Court

High Court of Uganda

Case number

MISCtrLLANEOUS CAUSE NO. OII OF 2024

Judge

Nabakooza, J

The High Court ordered release of a discharged mortgage title to the purchaser after finding he had paid the balance, but refused an unpleaded vesting order.

• Mortgage Release
• Title Transfer
• Liquidation Procedure
• Equitable Interest
• Mortgage-release
• Title-transfer

Centenary Rural Development Bank v Blue Cup Company Limited & 4 Others

Centenary Rural Development Bank v Blue Cup Company Limited & 4 Others (Miscellaneous Application 205 of 2023) [2024] UGHC 253 (5 March 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 205 of 2023

Judge

Nabisinde, J

The High Court at Jinja refused review of a consent-decree ruling, found no error on the record, and ordered the bank to return the respondents’ title deeds.

• Review Of Court Orders
• Consent Judgment Enforcement
• Mortgage Release
• Interest On Debt
• Error Apparent On Record
• Review-of-judgment

Mukesh v Bank of Baroda (Uganda) Limited

Mukesh v Bank of Baroda (Uganda) Limited (Miscellaneous Application 2013 of 2023) [2023] UGCommC 208 (28 September 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2013 of 2023

Judge

Mutesi, J

The court held that the act of writing off the overdraft facility by the respondent bank was an internal accounting procedure for risk mitigation and did not amount to forgiveness of the debt or discharge of the borrower and surety from liability. The applicant, as surety, remains liable for the outstanding balance, and the security for the overdraft (the mortgage and owner's copy of the certificate of title) cannot be released until the debt is fully repaid. The legal effect of a write-off does not extinguish the creditor's right to recover the debt, and the applicant's claim for release of…

Source excerpt

• Debt Write Off Effect
• Mortgage Release
• Credit Facility Liability
• Surety Obligations

Asindua v Nakafuuma and 5 Others (HCCS 23 of 2020)

Asindua v Nakafuuma and 5 Others (HCCS 23 of 2020) [2022] UGHCLD 239 (21 December 2022)

Court

HC: Land Division (Uganda)

Case number

HCCS 23 of 2020

Judge

Basaza, J

The Plaintiff failed to prove that he was in possession of the suit land at all material times, failed to lodge a caveat or register his interest, and did not demonstrate that the 3rd and 4th Defendants were aware of his unregistered interest or of any fraud in the procurement of the special certificate of title. The Plaintiff also failed to provide evidence of undervaluation or improper payment of stamp duty. The court found no acts of dishonesty or fraud attributable to the 3rd, 4th, or 6th Defendants. The law protects registered proprietors except in cases of proven fraud, and the Plaintif…

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• Registration Of Titles
• Fraud In Land Transactions
• Bona Fide Purchaser
• Burden Of Proof
• Mortgage Release
• Ownership Disputes

Diamond Trust Bank Uganda Limited & Another v Ham Enterprises Limited & 2 Others

Diamond Trust Bank Uganda Limited & Another v Ham Enterprises Limited & 2 Others (Miscellaneous Application No. 846 of 2020) [2020] UGHC 119 (2 November 2020)

Court

High Court of Uganda

Case number

Miscellaneous Application No. 846 of 2020

Judge

Zeija, J

The High Court granted a stay of execution pending appeal, finding arguable issues on illegality, liquidated sums, and the risk of irreparable loss.

• Stay Of Execution
• Syndicated Loans
• Illegality Of Contract
• Security For Due Performance
• Mortgage Release
• Liquidated And Unliquidated Claims

Alew v Commissioner Land Registration (Misc. Cause No.026 of 2015)

Alew v Commissioner Land Registration (Misc. Cause No.026 of 2015) [2016] UGHCLD 74 (27 January 2016)

Court

HC: Land Division (Uganda)

Case number

Misc. Cause No.026 of 2015

Judge

Luswata, J

The application was dismissed because the applicant failed to comply with the mandatory procedural requirement under Section 182(1) of the Registration of Titles Act, which obliges an owner to formally request the Commissioner to set forth in writing the grounds for refusal to register the instruments. The applicant did not provide documentary evidence of such a request or any written response from the Commissioner. The absence of this step undermines the integrity of the land registration process and is necessary to guard against fraudulent or improper entries. Although the applicant's evide…

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• Registration Of Title
• Transfer Of Land
• Mortgage Release
• Procedural Requirements

Manasseh Kamugisha V Uganda Prefabricated Industry Ltd

Manasseh Kamugisha V Uganda Prefabricated Industry Ltd (Civil Suit No. 115 of 1994) [1995] UGHC 7 (5 December 1995)

Court

High Court of Uganda

Case number

Civil Suit No. 115 of 1994

Commercial dispute over a title deed used as loan security. The High Court held the parties modified their agreement by conduct and dismissed the suit with costs.

• Contract Modification
• Security For Loans
• Commission Entitlement
• Breach Of Contract
• Estoppel
• Mortgage Release