Uganda Case Law

Landmark Junior School Limited v The Microfinance Support Centre Limited

Landmark Junior School Limited v The Microfinance Support Centre Limited (Miscellaneous Appeal 5 of 2023) [2024] UGCommC 356 (18 October 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 5 of 2023

Judge

Anna B. Mugenyi, J

The High Court partly allowed an appeal against a registrar’s conditional injunction order, holding that the 30% mortgage deposit should be based on the outstanding amount, not the forced sale value.

• Mortgage Regulation
• Temporary Injunctions
• Security For Stay
• Foreclosure Proceedings
• Mortgage-foreclosure
• Temporary-injunctions

Sentongo v I and M Bank Limited (formerly ) Orient bank (u) Limited

Sentongo v I and M Bank Limited (formerly ) Orient bank (u) Limited (Civil Application 114 of 2023) [2023] UGCA 164 (6 April 2023)

Court

Court of Appeal of Uganda

Case number

Civil Application 114 of 2023

Judges

Kihika, JA

The court found that the applicant satisfied the requirements for an interim stay of execution: a competent notice of appeal had been filed, a substantive application for stay was pending, and there was a serious and imminent threat of execution evidenced by extraction of a decree and advertisement of the mortgaged property for public auction. The court held that interim orders are intended to preserve the status quo and prevent the appeal and substantive application from being rendered nugatory. The respondent's argument regarding Regulation 13(1) of the Mortgage Regulations 2012 was rejecte…

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• Stay Of Execution
• Interim Injunction
• Mortgage Enforcement
• Security For Stay
• Status Quo Preservation

Zubeda Mohamed & Anor v Wallia & Anor

Zubeda Mohamed & Anor v Wallia & Anor (Civil Reference 7 of 2016) [2017] UGSC 7 (14 February 2017)

Court

Supreme Court of Uganda

Case number

Civil Reference 7 of 2016

Judge

Tumwesigye, JSC, Arach-Amoko, JSC, Katureebe, CJ, Mwangusya, JSC, Mwondha, JSC

The Supreme Court held that the interim order of stay of execution was granted in error because there was no substantive application for stay of execution pending before the Court, and the Notice of Appeal filed was incompetent as it sought to appeal an interlocutory order for which no right of appeal exists under Section 6(1) of the Judicature Act. The learned Justice failed to consider all three settled conditions for granting an interim order: a competent Notice of Appeal, a substantive application, and a serious threat of execution. The evidence of imminent threat was insufficient, consis…

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• Interim Stay Of Execution
• Notice Of Appeal Validity
• Substantive Application Requirement
• Jurisdiction Of Supreme Court
• Security For Stay
• Costs Orders

Guaranty Trust Bank (U) Ltd Vs Ankole Riverline Hotel Ltd

Guaranty Trust Bank (U) Ltd Vs Ankole Riverline Hotel Ltd (Civil Appeal No. HCT-12-LD-CA-0028 of 2014) [2016] UGHCCD 6 (11 January 2016)

Court

HC: Civil Division (Uganda)

Case number

Civil Appeal No. HCT-12-LD-CA-0028 of 2014

Judge

Byabakama, J

The court held that the appeal was filed within the statutory time limit, as the computation of time excludes public holidays and weekends. On the substantive issue, the court found that Regulation 13(1) of the Mortgage Regulations mandates the deposit of 30% of the forced sale value of the mortgaged property as security whenever a sale is adjourned or stopped by court order. The discretion afforded by the regulation pertains only to whether or not to adjourn the sale, not to the requirement of the security deposit. The Registrar erred in failing to order the deposit upon granting the interim…

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• Mortgage Regulation
• Security For Stay
• Injunctions
• Appeal Timeliness

Facho and Another v Siqueira and Others (C.C. 264/1929.)

Facho and Another v Siqueira and Others (C.C. 264/1929.) [1933] EACA 5 (1 January 1933)

Court

East African Court of Appeal

Case number

C.C. 264/1929.

Judge

Lucie-Smith Ag CJ (Kenya)

The Supreme Court, by virtue of its inherent powers under section 99 of the Civil Procedure Ordinance, is empowered to order a stay of execution where necessary to serve the ends of justice or prevent abuse of process, even if the procedural rules do not expressly provide for such a remedy in the present circumstances. The applicant's reliance on Order 39, Rule 4 and the East African Court of Appeal Rules was misplaced, as no appeal had yet been lodged and the decree holder did not consent to postponement. However, the authority of Nanda Kishore Singh v. Ram Golam Sahu confirms that the Court…

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• Stay Of Execution
• Inherent Powers Of Court
• Appeal Out Of Time
• Security For Stay