Luyimbazi v Stanbic Bank Uganda Limited
Luyimbazi v Stanbic Bank Uganda Limited (Civil Appeal 2 of 2019) [2022] UGSC 24 (22 March 2022)
The Supreme Court held that although the appellant made general averments in his plaint challenging the sale of the mortgaged property, he failed to substantiate these claims at trial, particularly regarding sale without advertisement. The issue of validity of sale was not properly pleaded or raised before the trial court, and the first time it was articulated was at the appellate stage, contrary to procedural rules. The Court reaffirmed the cardinal rule that parties are bound by their pleadings and relief cannot be granted on unpleaded matters. Regarding fraud, the appellant failed to stric…
Source excerpt
- Mortgage Enforcement
- Pleadings And Procedural Requirements
- Fraud In Property Transactions
- Guarantees And Security
- Banking Liability
- Sale Of Mortgaged Property