Barclays Bank Limited v Balyejjusa and others
Barclays Bank Limited v Balyejjusa and others (Civil Suit No. 266 of 2009; Civil Suit No. 272 of 2008) [2014] UGCommC 233 (24 February 2014)
The court found that Barclays Bank was negligent, fraudulent, and reckless in the sale of the mortgaged property, having sold it at a price significantly below its market and forced sale value, failed to conduct a transparent sale, and did not properly account for the proceeds. The second valuation was flawed, and the bank's conduct in withholding information and failing to allow the plaintiff to sell the property itself further demonstrated bad faith. As a result, the directors of Etats Limited were not liable for the outstanding balance, as the bank's fraud and illegality negated any liabil…
Source excerpt
- Mortgagee Duties
- Sale Of Mortgaged Property
- Valuation Disputes
- Bank Liability
- Fraud In Property Transactions