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Uganda decisions
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Babigumira and Another v Global Trust Bank (In Liquidation) and 2 Others (Civil Appeal 14 of 2020) [2023] UGSC 37 (24 October 2023)
The Supreme Court upheld the sale of mortgaged land after loan default, finding the mortgage deed valid, notice substantially served, and no unfair hearing.
Niwamanya v Twesigye & 3 Others (Civil Suit 593 of 2022) [2023] UGCommC 272 (20 October 2023)
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…
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Kare Distribution Limited and Another v NCBA Bank Uganda Limited (Civil Application 101 of 2023) [2023] UGCA 159 (13 April 2023)
The Court of Appeal dismissed an application for an interim injunction, holding that the property sought to be restrained was not the subject of the underlying appeal and that the motion was an abuse of process.
Housing finance Bank Ltd v Mayanja T/A Mat Hotel and Leisure Centre (Originating Summons No. 6 of 2021) [2022] UGCommC 75 (30 August 2022)
The High Court granted a bank foreclosure, eviction, access, and sale orders over mortgaged property after the defendant defaulted and filed no defence.
Lubega Wasswa and Another v Housing Finance Company (U) Limited (Now known as Housing Finance Bank Limited) ( (Civil Suit No. 152 of 2019) [2021] UGCommC 34 (10 August 2021)
The court found that the 1st Plaintiff defaulted on his mortgage obligations, was served with statutory notices, and failed to redeem the property despite ample opportunity and reminders. The Defendant, as mortgagee, exercised its contractual and statutory right to sell the property by private treaty, with the 1st Plaintiff's prior written consent. The sale was properly advertised, and the 2nd Plaintiff lawfully purchased the property, paid the full purchase price, and was entitled to vacant possession. The court held that the acceptance of partial payment by the Defendant did not constitute…
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Babigumira & Another v Global Trust Bank in Liquidation & 2 Others (Civil Appeal No. 258 of 2017) [2020] UGCA 2075 (20 July 2020)
The Court of Appeal held that the mortgage deed, though lacking the manager's name in Latin character, was nonetheless validly executed because the bank's seal and stamp were affixed and the capacity of the signatory was indicated, satisfying the purpose of section 148 of the Registration of Titles Act. The appellants' obligation to repay the loan arose upon disbursement of the funds, less the agreed 2% commitment fee, and their partial repayment estopped them from denying the obligation. The sale of the mortgaged property was conducted by public auction after proper notice, and there was no…
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Atanazio v Centenary Bank & Another (Civil Appeal 27 of 2014) [2017] UGHC 3 (14 September 2017)
The High Court dismissed a land and banking appeal, holding the borrower had defaulted, the security sale was authorised by the loan agreement, and no over-attachment was proven.
U-Turn Services Ltd v Mugisha Frank (Civil Suit No. 2 of 2011) [2011] UGCommC 12 (12 March 2011)
The High Court allowed an originating summons to issue in a mortgage foreclosure dispute after finding the supporting affidavit and documents sufficient.
Simon Kato Bugoba v Samuel Kigozi (HCT-00-CC-CS 543 of 2004) [2007] UGCommC 12 (5 February 2007)
The court found that the transaction between the plaintiff and the 1st defendant constituted an equitable mortgage, not an outright sale. The 1st defendant, upon default by the plaintiff, was required to follow the statutory procedures for realization of a mortgage, such as foreclosure or appointment of a receiver, and was not entitled to unilaterally transfer the land into his own name. The purported contractual clause allowing such transfer was invalid as it attempted to oust the plaintiff's equitable right of redemption. Regarding the 2nd defendant, the court determined that he was not a b…
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Uganda Ecumenical Church Loan Fund Ltd v Mary Florence Nabiyinja Mbuga - (HCT-00-CC-OS 1 of 2005) [2005] UGCommC 30 (19 June 2005)
The High Court partially granted a mortgagee’s claim, ordering repayment of UGX 7,430,000 with 20% interest and allowing foreclosure if payment was not made.
