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Land And Property [2023] UGCommC 189

Namumbya v Equity Bank Uganda Limited & 2 Others

Namumbya v Equity Bank Uganda Limited & 2 Others (Miscellaneous Application 743 of 2023) [2023] UGCommC 189 (20 October 2023)

Court
Commercial Court of Uganda
Case number
Miscellaneous Application 743 of 2023
Judge
Mutesi, J

The court found that while the applicant is prima facie the spouse of the mortgagor, she failed to provide compelling corroborative evidence of her inability to pay the security deposit. The Assistant Registrar was therefore not in error in conditioning the temporary injunction on payment of security. However, given the unique circumstances—specifically, the evolving status of the property from non-matrimonial to matrimonial after the mortgage was created, and the lack of clarity in the law regarding such situations—the court held that the 30% security deposit was excessive. The court exercis…

Source excerpt

  • Mortgage Regulation
  • Matrimonial Property
  • Temporary Injunctions
  • Security For Injunction
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Civil Procedure [2023] UGHCLD 294

Sebuguzu and Another v Pride Microfinance Limited

Sebuguzu and Another v Pride Microfinance Limited (Miscellaneous Application 165 of 2023) [2023] UGHCLD 294 (15 September 2023)

Court
HC: Land Division (Uganda)
Case number
Miscellaneous Application 165 of 2023
Judge
Harriet Grace Magala, J

The court found that there was a misjoinder of parties in the main suit, as the Applicants had separate loan transactions and securities, and ordered that two separate suits be filed. The application by the 2nd Applicant was dismissed for lack of supporting affidavit evidence. Regarding the temporary injunction, the court held that while the Applicant raised a prima facie case due to discrepancies in the outstanding amount, she failed to demonstrate irreparable loss, as sale of mortgaged property is a foreseeable consequence of default. The court granted a temporary injunction to the 1st Appl…

Source excerpt

  • Temporary Injunction
  • Mortgage Enforcement
  • Misjoinder Of Parties
  • Affidavit Evidence
  • Security For Injunction
  • Costs Award
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Civil Procedure [2023] UGCommC 55

Colline House Limited v KTA Advocates

Colline House Limited v KTA Advocates (Miscellaneous Application 277 of 2023) [2023] UGCommC 55 (7 July 2023)

Court
Commercial Court of Uganda
Case number
Miscellaneous Application 277 of 2023
Judge
Harriet Grace Magala, J

The court found that the Applicant failed to demonstrate genuine efforts to comply with the previous order requiring a 30% cash payment of the forced sale value of the suit property. The Applicant's economic hardship argument was not sufficient to justify substitution of title deeds for cash, especially given the extended period available to raise funds and the absence of any payment or rescheduling attempts. The court emphasized that the rationale behind Regulation 13(1) of the Mortgage Regulations is to prevent mortgagors from using litigation to delay payment and frustrate the mortgagee's…

Source excerpt

  • Mortgage Enforcement
  • Security For Injunction
  • Extension Of Time
  • Abuse Of Court Process
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Civil Procedure [2022] UGCommC 34

ONETI VS COMMISSIONER LAND REGISTRATION AND ORS (Misc Cause No. 255 of 2021)

ONETI VS COMMISSIONER LAND REGISTRATION AND ORS (Misc Cause No. 255 of 2021) [2022] UGCommC 34 (6 April 2022)

Court
Commercial Court of Uganda
Case number
Misc Cause No. 255 of 2021
Judge
Gaswaga, J

The court found that while the applicant is an aggrieved person entitled to seek review, the alleged error in the Registrar's order was not an error apparent on the face of the record but rather a possible erroneous decision requiring detailed reasoning, which is a ground for appeal, not review. However, the court held that the Registrar misapplied Regulation 13 of the Mortgage Regulations, as there was no sale or default to justify the imposition of a 30% security deposit. The applicant was not a party to the mortgage, nor was he seeking to adjourn or stop a sale, but rather to protect his p…

Source excerpt

  • Review Of Court Orders
  • Temporary Injunctions
  • Mortgage Regulation
  • Fraudulent Land Transactions
  • Title Registration
  • Security For Injunction
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.