Uganda Case Law

Owembabazi Nasimolo v Non - Performing Assets Recovery Trust

Owembabazi Nasimolo v Non - Performing Assets Recovery Trust (Miscellaneous Application 5 of 1997) [1997] UGPPDPAAT 1 (20 March 1997)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Miscellaneous Application 5 of 1997

Judges

Tsekooko, Chairperson, O' Bokk. member of the Tribunal

The Tribunal held that the sale of the mortgaged properties by the respondent under a power of sale did not bar it from instituting a suit to recover the balance of the loan from the applicant. The facts of Kinnaird v. Trollope were distinguished, and the Tribunal relied on the principle that where a mortgagee sells the property and realizes less than the debt, the mortgagee is entitled to sue for the balance on the personal covenant. The Tribunal found no statutory or equitable bar to the respondent's action, and therefore dismissed the application to strike out the plaint under Order 7 Rule…

Source excerpt

• Mortgage Enforcement
• Power Of Sale
• Personal Covenant Liability
• Strike Out Applications