Simon Kato Bugoba v Samuel Kigozi (HCT-00-CC-CS 543 of 2004)
Simon Kato Bugoba v Samuel Kigozi (HCT-00-CC-CS 543 of 2004) [2007] UGCommC 12 (5 February 2007)
The court found that the transaction between the plaintiff and the 1st defendant constituted an equitable mortgage, not an outright sale. The 1st defendant, upon default by the plaintiff, was required to follow the statutory procedures for realization of a mortgage, such as foreclosure or appointment of a receiver, and was not entitled to unilaterally transfer the land into his own name. The purported contractual clause allowing such transfer was invalid as it attempted to oust the plaintiff's equitable right of redemption. Regarding the 2nd defendant, the court determined that he was not a b…
Source excerpt
- Equitable Mortgage
- Right Of Redemption
- Bona Fide Purchaser
- Transfer Of Land
- Mortgagee Remedies