Uganda Case Law

Mitegyeko v Goldmine Finance Limited and Another (Misc Cause 94 of 2022)

Mitegyeko v Goldmine Finance Limited and Another (Misc Cause 94 of 2022) [2023] UGCommC 106 (13 October 2023)

Court

Commercial Court of Uganda

Case number

Misc Cause 94 of 2022

Judge

Kahigi Asiimwe, J

The court found that the transaction between the applicant and respondents was a loan agreement and not a sale of the vehicle. The evidence, including the acknowledgment of receipt of loan funds, affidavits from witnesses, and the circumstances of the transfer, indicated that the applicant did not intend to sell his vehicle but rather pledged it as security for a loan. The sale agreement was deemed null and void due to lack of intention to create legal relations and absence of consideration. The court further held that the interest charged was harsh and unconscionable, and that the practice o…

Source excerpt

• Money Lending Transactions
• Unconscionable Contracts
• Contractual Intention
• Security For Loans

Hofokam v Tweyambe

Hofokam v Tweyambe (Civil Appeal No. 1 of 2021) [2022] UGHC 69 (17 August 2022)

Court

High Court of Uganda

Case number

Civil Appeal No. 1 of 2021

Judge

Mugabo, J

First appeal over a loan dispute dismissed. The High Court upheld findings that the respondent had repaid the loan, was entitled to security documents, and received justified damages.

• Loan Repayment Disputes
• Security For Loans
• Agency Liability
• General Damages Award
• Loan-repayment-disputes
• Security-for-loans

Imperial Gas Supply (U) Limited v Gondariya Hitesh Kandi (MISC. APPLICATION NO. 522 OF 2020)

Imperial Gas Supply (U) Limited v Gondariya Hitesh Kandi (MISC. APPLICATION NO. 522 OF 2020) [2020] UGHCCD 207 (28 October 2020)

Court

HC: Civil Division (Uganda)

Case number

MISC. APPLICATION NO. 522 OF 2020

The High Court granted unconditional leave to defend a summary suit, finding triable issues over the actual loan advanced and whether the written amount was only security.

• Leave To Appear And Defend
• Summary Judgment
• Loan Agreements
• Security For Loans
• Leave-to-appear-and-defend
• Summary-judgment

Shumuk Properties Ltd Vs Guaranty Trust Banks (U) Ltd

Shumuk Properties Ltd Vs Guaranty Trust Banks (U) Ltd (Civil Application No. 220 of 2018) [2019] UGCA 188 (8 July 2019)

Court

Court of Appeal of Uganda

Case number

Civil Application No. 220 of 2018

The Court of Appeal dismissed Shumuk Properties Ltd’s application to stay a 30% deposit condition attached to a temporary injunction in a mortgage dispute.

• Temporary Injunctions
• Mortgage Enforcement
• Stay Of Execution
• Loan Default
• Security For Loans
• Temporary-injunctions

Ggingo Mujje v Diamond Trust Bank Uganda Ltd

Ggingo Mujje v Diamond Trust Bank Uganda Ltd (Miscellaneous Application No. 937 of 2016) [2019] UGCommC 233 (1 March 2019)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 937 of 2016

Judge

Wabwire, J

The court granted the applicant unconditional leave to defend a summary suit after finding bona fide triable issues over the loan balance, securities, and alleged discrepancies.

• Leave To Defend
• Summary Suit
• Loan Dispute
• Security For Loans
• Triable Issues
• Leave-to-defend

Pinnacle Finance Ltd v Kaddu (HCCS 94 of 2015)

Pinnacle Finance Ltd v Kaddu (HCCS 94 of 2015) [2018] UGCommC 70 (4 December 2018)

Court

Commercial Court of Uganda

Case number

HCCS 94 of 2015

The court found that the payout vouchers, credit application forms, and the conduct of the parties established a contractual relationship. The Defendant was a signatory to the relevant documents and admitted to borrowing at least UGX 1,200,000/=. His denial of the agreement and failure to call corroborating witnesses undermined his defense. The Plaintiff’s evidence of advances and partial repayments remained unchallenged. The interest rate of 10% per month was deemed unconscionable, and the outstanding sum was recalculated at 2.5% per month. The Defendant was found in breach of contract and l…

Source excerpt

• Loan Agreements
• Contract Breach
• Interest Rates
• Security For Loans
• General Damages

First finance group Ltd v Okwere (HCCS 391 of 2013)

First finance group Ltd v Okwere (HCCS 391 of 2013) [2018] UGCommC 67 (26 October 2018)

Court

Commercial Court of Uganda

Case number

HCCS 391 of 2013

The High Court found that First Finance had acquired Future Finance’s debts and could sue to recover USD 30,000 from the defendant.

• Loan Recovery
• Assignment Of Debt
• Security For Loans
• Cheque Fraud
• Loan-recovery
• Assignment-of-debt

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016)

Equity Bank Uganda Ltd v Musolo (HCT – 01 – CV – CA – 0019 OF 2016) [2017] UGHCCD 132 (31 October 2017)

Court

HC: Civil Division (Uganda)

Case number

HCT – 01 – CV – CA – 0019 OF 2016

Judge

Ojok, J

The High Court dismissed Equity Bank’s appeal, upheld the trial court, and affirmed damages and dismissal of the bank’s counterclaim over a disputed loan account.

• Loan Repayment Disputes
• Security For Loans
• Bank Liability
• Damages For Wrongful Advertisement
• Banking-and-finance
• Loan-repayment-disputes

Housing Finance Bank Ltd & Anor v Igeme Nabeta (HCCS 228 of 2012)

Housing Finance Bank Ltd & Anor v Igeme Nabeta (HCCS 228 of 2012) [2015] UGCommC 102 (7 September 2015)

Court

Commercial Court of Uganda

Case number

HCCS 228 of 2012

The High Court held that a collective loan protection policy secured the bank’s lending, but subrogation did not let the insurer recover from the borrower after indemnifying the bank.

• Loan Protection Insurance
• Subrogation Doctrine
• Contractual Indemnity
• Assignment Of Rights
• Security For Loans
• Insurance Policy Interpretation

Hameyimana v Equity Bank Uganda Limited (High Court Civil Suit No. 714 of 2013)

Hameyimana v Equity Bank Uganda Limited (High Court Civil Suit No. 714 of 2013) [2015] UGCommC 299 (14 July 2015)

Court

Commercial Court of Uganda

Case number

High Court Civil Suit No. 714 of 2013

Judge

Adonyo, J

The High Court held that Equity Bank unlawfully impounded and sold the plaintiff’s leased motor vehicle without proper contractual basis or notice, and awarded damages, refunds, and costs.

• Breach Of Contract
• Lease Agreements
• Remedies For Breach
• Damages Assessment
• Security For Loans
• Breach-of-contract