Sendagire and Another (Both T/A Bright Future Vocational Secondary School (HC Civil Suit No. 26 of 2008)
Sendagire and Another (Both T/A Bright Future Vocational Secondary School (HC Civil Suit No. 26 of 2008) [2019] UGCommC 238 (26 August 2019)
The court found that while the sale of the mortgaged property was procedurally regular in terms of notice and advertisement, it was conducted in a manner lacking transparency and at a price below the forced sale value, contrary to the duty of care owed by the mortgagee and receiver. The 2nd Defendant failed to document the sale process and did not obtain the best price, resulting in loss to the Plaintiffs. The 3rd Defendant's evidence was inconsistent and unreliable, and he was not a bona fide purchaser for value. Regarding movables, the Plaintiffs proved that some movable property was retain…
Source excerpt
- Mortgage Enforcement
- Receiver Sale
- Duty Of Care
- Valuation Of Security
- Movable Property Conversion
- Damages Assessment