Uganda Case Law

I & M Bank Limited v Mango & Another

I & M Bank Limited v Mango & Another (Miscellaneous Appeal 18 of 2023) [2023] UGCommC 188 (29 November 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 18 of 2023

Judge

Mutesi, J

The appeal succeeded because the learned Deputy Registrar erred in law and fact by failing to enforce Regulation 13 of the Mortgage Regulations, 2012. The process of sale of the mortgaged security had commenced upon issuance of notices of default, thereby triggering the requirement for a 30% security deposit as a condition for granting a temporary injunction. The absence of a valuation report does not preclude the application of Regulation 13; the deposit may be calculated based on the outstanding loan amount. The 1st respondent's affidavit in reply was struck out due to incurable defects in…

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• Mortgage Regulations
• Temporary Injunctions
• Security Deposit Requirement
• Foreclosure Process
• Affidavit Formality
• Loan Default

Namakajo v KCB Bank Uganda Limited and Another

Namakajo v KCB Bank Uganda Limited and Another (Miscellaneous Application 523 of 2023) [2023] UGCommC 108 (17 October 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application 523 of 2023

Judge

Kahigi Asiimwe, J

The court found that there is a substantial question regarding the ownership of the suit property, establishing a prima facie case in favor of the Applicant. The 2nd Respondent, whose name is on the title, did not defend the application, and the Applicant's evidence stands unchallenged. However, the court determined that any loss suffered by the Applicant could be compensated in monetary terms and is not irreparable. The balance of convenience favors the Applicant, as the property is a source of income for the Applicant's family, and the Respondent has other properties to recover the loan. Th…

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• Mortgage Disputes
• Temporary Injunctions
• Security Deposit Requirement
• Fraudulent Title Registration
• Valuation Of Property
• Eviction And Possession

Kingston Enterprises Limited and 3 Others v Standard Chartered Bank (U) Limited

Kingston Enterprises Limited and 3 Others v Standard Chartered Bank (U) Limited (Civil Appeal 446 of 2021) [2021] UGCommC 158 (23 April 2021)

Court

Commercial Court of Uganda

Case number

Civil Appeal 446 of 2021

Judge

Stephen Mubiru, J

The High Court held that Regulation 13(1) of the Mortgage Regulations requires a 30% deposit for injunctions stopping sale of mortgaged property, except where the applicant is a mortgagor’s spouse.

• Mortgage Regulation
• Temporary Injunctions
• Adjournment Of Sale
• Security Deposit Requirement
• Mortgage-regulations
• Temporary-injunction

Namukasa-Nsamba v Letshego Uganda Limited

Namukasa-Nsamba v Letshego Uganda Limited (Miscellaneous Application No. 590 of 2018) [2019] UGCommC 227 (4 March 2019)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 590 of 2018

Judge

Wabwire, J

The court found that the applicant raised serious questions requiring judicial determination regarding whether statutory notices under the Mortgage Act were properly served and whether the sale procedure was followed. Although the applicant would not suffer irreparable injury, as any harm could be compensated by damages, the balance of convenience favored the applicant, who would suffer greater inconvenience if the property was disposed of before the main suit was resolved. The respondent's failure to comply with statutory notice requirements rendered the sale process flawed, and the applican…

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• Temporary Injunction
• Mortgage Enforcement
• Statutory Notice Requirements
• Balance Of Convenience
• Irreparable Injury
• Security Deposit Requirement

DFCU Bank Limited v Muwanga (Misc. Application No. 240 of 2018)

DFCU Bank Limited v Muwanga (Misc. Application No. 240 of 2018) [2018] UGHCLD 38 (12 April 2018)

Court

HC: Land Division (Uganda)

Case number

Misc. Application No. 240 of 2018

Judge

Kawesa, J

The High Court amended a temporary injunction to require a 30% deposit under the Mortgage Regulations before the respondent could benefit from injunctive relief.

• Mortgage Regulations
• Temporary Injunctions
• Security Deposit Requirement
• Pleadings And Affidavits
• Mortgage-regulations
• Temporary-injunctions

Willis International Engineering and Contractors Ltd & Anor v DFCU Bank

Willis International Engineering and Contractors Ltd & Anor v DFCU Bank (Miscellaneous Application No. 1000 of 2015) [2016] UGCommC 51 (10 June 2016)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 1000 of 2015

The High Court granted a conditional injunction over mortgaged property, required a deposit under the Mortgage Regulations, and ordered release of an erroneously charged title.

• Mortgage Enforcement
• Temporary Injunction
• Loan Default
• Statutory Power Of Sale
• Security Deposit Requirement
• Mortgage-enforcement