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Uganda decisions
Decisions matching the current search
Kizito v Kampala Financial Services & 3 Others (Civil Suit 792 of 2019) [2023] UGCommC 232 (15 February 2023)
The High Court found the plaintiff borrowed the money and signed the mortgage, but held the sale of his land unlawful. The third defendant was a bona fide purchaser.
Greenland Bank Ltd (In liquidation) v Wasswa Birigwa and Anor (HCT-00-CC-CS 26 of 2004) [2007] UGCommC 108 (20 December 2007)
The court found that the plaintiff failed to serve the required statutory notice of default or demand on the defendants prior to the sale of the mortgaged property, in violation of Sections 116 and 117 of the Registration of Titles Act and the terms of the mortgage deed. The sale was therefore unlawful. Furthermore, the court found clear evidence of fraud, as the property was sold for Shs.17,000,000.00 but only Shs.13,000,000.00 was declared to the defendants, with the difference concealed. The plaintiff also acted negligently by failing to obtain a pre-sale valuation and selling the property…
Source excerpt
Sajabi v Wamala and Another (Civil Appeal No. 72 of 1955) [1950] EACA 71 (1 January 1950)
The court held that a mortgagee’s secret private sale of Ugandan land was unlawful and collusive, and awarded damages to the mortgagor when the land passed to third parties.
