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Uganda decisions
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Encot Micro-Finance Limited v Kyaterekera (Civil Miscellaneous Appeal 8 of 2023) [2024] UGHC 926 (13 September 2024)
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.
Equity Bank (U) Limited v Rubahimbya (Civil Appeal 19 of 2023) [2024] UGHC 124 (4 April 2024)
The court found that the respondent, having mortgaged his property and defaulted on his loan obligations, did not fall within the exception under Regulation 13(6) of the Mortgage Regulations, which is limited to spouses. The Deputy Registrar erred in waiving the mandatory 30% security deposit before granting a temporary injunction to stop the sale of the mortgaged property. The court distinguished the Nakayaga case cited by the respondent, noting that it involved spousal consent issues not present here. The proper procedure requires the mortgagee to issue a fresh notice under Section 19(3) of…
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Musinguzi v Centenary Rural Development Bank Limited (Miscellaneous Appeal 23 of 2021) [2024] UGCommC 284 (26 March 2024)
The court held that the requirement under Regulation 13(1) of the Mortgage Regulations, 2012, to deposit 30% of the forced sale value or outstanding amount as a security deposit before a sale can be stayed, remains valid and binding. The constitutional challenge to a similar provision in tax law did not repeal or invalidate Regulation 13, and the Supreme Court's decision in Uganda Projects Implementation and Management Centre v Uganda Revenue Authority is binding. The Appellant was aware of the outstanding amount and could have deposited 30% of it. Since the statutory prerequisite was not met…
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Kagoro v Cairo Bank Uganda Limited (Miscellaneous Appeal 14 of 2023) [2023] UGCommC 105 (6 October 2023)
The High Court upheld a registrar’s order requiring a 30% deposit under mortgage regulations and dismissed the appeal and review application.
Otubeny v Housing Finance Bank & Anor (Misc. Application No.462 of 2015) [2016] UGHCLD 70 (27 January 2016)
The court held that while the traditional grounds for granting a temporary injunction are well established, in cases involving the sale of mortgaged property, the Mortgage Act 2009 and Mortgage Regulations 2012 specifically govern the process. Regulation 13 requires that a party seeking to stop or adjourn a mortgage sale must pay a security deposit of 30% of the forced sale value or outstanding loan amount, whichever is higher. The applicant did not deny the existence of the mortgage or the outstanding loan, nor did he offer to pay the required security deposit. As such, the court found it ha…
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