Uganda Case Law

Niwamanya v Twesigye & 3 Others

Niwamanya v Twesigye & 3 Others (Civil Suit 593 of 2022) [2023] UGCommC 272 (20 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 593 of 2022

Judge

Cornelia Kakooza Sabiiti, J

The plaintiff, having given spousal consent to the mortgage and been notified of default and impending sale, failed to redeem the property within the statutory period. The sale of the suit property was conducted by private treaty with the written consent of the mortgagor, waiving requirements for advertisement and revaluation. The insertion of a lesser value on the transfer form was not attributable to the purchaser and does not constitute fraud sufficient to impeach the title. The plaintiff benefitted from the proceeds of sale, redeeming her own securities, and is estopped from challenging t…

Source excerpt

• Mortgage Enforcement
• Matrimonial Property
• Right Of Redemption
• Fraud In Property Transactions
• Private Treaty Sale
• Title Registration

Mugoya Kyawa Guster v Global Trust Bank Ltd. & Anor

Mugoya Kyawa Guster v Global Trust Bank Ltd. & Anor (Miscellaneous Application No. 2262 of 2013) [2014] UGHCEBD 10 (8 July 2014)

Court

High Court: Execution and Bailiffs Division (Uganda)

Case number

Miscellaneous Application No. 2262 of 2013

The High Court upheld a mortgagee’s private treaty sale after default, finding the expired execution warrant did not invalidate the sale. The application was dismissed.

• Mortgage Enforcement
• Foreclosure
• Power Of Sale
• Private Treaty Sale
• Locus Standi
• Execution Of Decree