Uganda Case Law

Gyagenda Derrick Sseremba v Pride Microfinance (MDI) Ltd and Najjuma Aisha (Originating Summons No. 1 of 2025)

Gyagenda Derrick Sseremba v Pride Microfinance (MDI) Ltd and Najjuma Aisha (Originating Summons No. 1 of 2025) [2025] UGHC 515 (14 July 2025)

Court

High Court of Uganda

Case number

Originating Summons No. 1 of 2025

Judge

Grace Flavia Lamuno - J

The court found that the issues raised in the originating summons, particularly the validity of the sale and allegations of fraud, are contentious and require oral evidence and a full trial. Originating summons procedure is reserved for simple, non-contentious matters and is inappropriate where there are substantial disputes of fact. The matter was therefore improperly brought by originating summons and should proceed as an ordinary suit by plaint. The court exercised its powers to direct that the suit be heard as an ordinary suit, rather than dismissing it, to ensure a full and fair determin…

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• Originating Summons Procedure
• Sale Of Mortgaged Property
• Eviction Orders
• Validity Of Sale Agreement

Total Seeta Service Station v Stanbic Bank Limited Uganda and Julius Baale

Total Seeta Service Station v Stanbic Bank Limited Uganda and Julius Baale (Civil Appeal 165 of 2019) [2025] UGCA 173 (12 June 2025)

Court

Court of Appeal of Uganda

Case number

Civil Appeal 165 of 2019

Judge

Asa Mugenyi, JA/ JCC, Musa Ssekaana, JA/JCC, Stella Alibateese, JA/JCC

The Court of Appeal dismissed an appeal challenging the sale of mortgaged property, holding that the mortgage-validity issue was not pleaded or proved at trial.

• Mortgage Enforcement
• Sale Of Mortgaged Property
• Pleadings And Evidence
• Fair Hearing
• Fraud In Property Transactions
• Mortgage-enforcement

Brain Bridge High School Limited v MontClair Schools Limited and Another

Brain Bridge High School Limited v MontClair Schools Limited and Another (Civil Suit 65 of 2022) [2024] UGHC 1124 (11 December 2024)

Court

High Court of Uganda

Case number

Civil Suit 65 of 2022

Judge

Wagona, J

The plaintiff, through its directors, executed a corporate guarantee in favor of the 2nd defendant, thereby assuming liability for the loan advanced to Mashunga Enterprises (U) Ltd. Upon default, the 2nd defendant lawfully exercised its right of foreclosure and sold the mortgaged property, which was limited to the land and developments thereon. The movable properties of the plaintiff were not pledged as collateral and were not subject to sale under the Mortgage Act. The plaintiff failed to prove that its school assets were sold or that it made any demand for their return, which is essential f…

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• Corporate Guarantee Liability
• Mortgage Foreclosure
• Detinue
• Sale Of Mortgaged Property
• Burden Of Proof
• Remedies For Wrongful Possession

Encot Micro-Finance Limited v Kyaterekera

Encot Micro-Finance Limited v Kyaterekera (Civil Miscellaneous Appeal 8 of 2023) [2024] UGHC 926 (13 September 2024)

Court

High Court of Uganda

Case number

Civil Miscellaneous Appeal 8 of 2023

Judge

Byaruhanga Rugyema, J

High Court appeal over a registrar’s injunction order in a mortgage dispute was dismissed after the court found the property had already been sold before the order.

• Mortgage Enforcement
• Security Deposit Requirements
• Temporary Injunctions
• Loan Default
• Sale Of Mortgaged Property
• Mortgage-enforcement

Kasese Hospital Limited & Another v The Miscro Finance Support Centre Limited & Another

Kasese Hospital Limited & Another v The Miscro Finance Support Centre Limited & Another (Civil Suit 684 of 2019) [2024] UGCommC 259 (19 August 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 684 of 2019

Judge

Anna B. Mugenyi, J

The court found that the agreement between the parties was a Murabaha facility, not a profit-sharing Mudarabah. Under the Murabaha arrangement, the 1st Plaintiff was obligated to repay the cost of the assets plus a predetermined mark-up, regardless of whether profits were declared. The 1st Plaintiff defaulted on its repayment obligations, and the agreement, governed by both Sharia law and Ugandan law, permitted the 1st Defendant to enforce its rights under the Mortgage Act. The court determined that the 1st Defendant followed the statutory process for sale of mortgaged property, including iss…

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• Islamic Banking
• Murabaha Facility
• Mortgage Enforcement
• Sale Of Mortgaged Property
• Contractual Breach
• Valuation And Forced Sale

Kabale Institute of Health Sciences Limited v The Miscrofinance Support Centre Limited

Kabale Institute of Health Sciences Limited v The Miscrofinance Support Centre Limited (Miscellaneous Cause 144 of 2023) [2024] UGCommC 219 (12 July 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 144 of 2023

Judge

Anna B. Mugenyi, J

The court found that the Respondent failed to prove effective service of the notice of default and sale as required by law, particularly lacking evidence of posting and receipt in accordance with the Interpretation Act. This failure invalidated the advertisement for sale of the Applicant's properties. Furthermore, the court held that the law does not permit simultaneous sale by public auction and private treaty; the mortgagee must choose one mode, and sale by private treaty requires contemporaneous written consent from the mortgagor. The Respondent also failed to provide evidence of valuation…

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• Mortgage Enforcement
• Service Of Statutory Notices
• Sale Of Mortgaged Property
• Valuation Requirements
• Injunctive Relief
• Loan Default

Kobusinge v Centenary Rural Development Bank Limited & Another

Kobusinge v Centenary Rural Development Bank Limited & Another (Civil Appeal 4 of 2022) [2024] UGHC 538 (11 June 2024)

Court

High Court of Uganda

Case number

Civil Appeal 4 of 2022

Judge

Tom Chemutai, J

High Court dismissed a mortgage appeal, upheld the sale of the suit land, and set aside damages, interest, and costs wrongly awarded to the appellant.

• Mortgage Foreclosure
• Sale Of Mortgaged Property
• Matrimonial Property
• Notice Requirements
• Damages Award
• Loan Default

Okoya v Layet

Okoya v Layet (Miscellaneous Application 59 of 2023) [2024] UGHC 279 (24 April 2024)

Court

High Court of Uganda

Case number

Miscellaneous Application 59 of 2023

Judge

Okello, J

The High Court struck out a review application that also invoked appeal procedures, holding that review and appeal are mutually exclusive and that no reviewable error was shown.

• Review Of Registrar Orders
• Temporary Injunctions
• Status Quo Orders
• Abuse Of Court Process
• Sale Of Mortgaged Property
• Review-of-orders

Visare Uganda Limited v Katerega & Others

Visare Uganda Limited v Katerega & Others (Miscellaneous Application 2855 of 2023) [2024] UGCommC 38 (19 February 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 2855 of 2023

Judge

Stephen Mubiru, J

The court held that the application for leave to appeal should be granted because the issues intended to be raised on appeal are serious, significant, and have ramifications beyond the immediate parties, particularly regarding the practice of execution and electronic service in the Ugandan courts. The court found that the applicant was not guilty of dilatory conduct, as electronic service via ECCMIS was effective and timely. The court further held that the procedural issues raised, such as the authority of an Assistant Registrar to make findings of breach, the sufficiency of constructive cust…

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• Leave To Appeal
• Execution Of Judgments
• Electronic Service Of Process
• Sale Of Mortgaged Property
• Registration Of Titles
• Judicial Discretion

Ntwatwa v Bank of Baroda (U) Limited & Another

Ntwatwa v Bank of Baroda (U) Limited & Another (Civil Suit 302 of 2019) [2023] UGCommC 260 (18 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 302 of 2019

Judge

Anna B. Mugenyi, J

The High Court held that the mortgage sale was lawful, dismissed the plaintiff’s suit, and upheld the second defendant’s title and counterclaim.

• Mortgage Enforcement
• Sale Of Mortgaged Property
• Bonafide Purchaser
• Valuation Disputes
• Eviction
• Damages