Uganda Case Law

Image Finance Limited v Kamanyire

Image Finance Limited v Kamanyire (Civil Suit 1006 of 2019) [2024] UGCommC 119 (15 March 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 1006 of 2019

Judge

Kahigi Asiimwe, J

The court found that the transaction between the parties in May 2013 was not a genuine sale of land but a money lending transaction disguised as a sale. The Defendant was induced to sign a sale agreement and transfer forms under the misrepresentation that these documents were merely security for the loan, to be cancelled and the title returned upon repayment. Evidence, including informal receipts for interest payments after the purported sale, supported the Defendant's version. The Plaintiff failed to prove payment of the alleged purchase price or return of the title after the first loan. The…

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• Money Lending
• Fraudulent Misrepresentation
• Sale Of Land
• Security Interest

Nakasero Soap Works v Uganda Best Tea Ltd and Ors (HCT-00-CC-CS 25 of 2006)

Nakasero Soap Works v Uganda Best Tea Ltd and Ors (HCT-00-CC-CS 25 of 2006) [2007] UGCommC 100 (6 December 2007)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-CS 25 of 2006

The court held that an equitable mortgage had been created over the property, foreclosed the defendants’ right of redemption, permitted sale of the land, and awarded costs to the plaintiff.

• Equitable Mortgage
• Foreclosure
• Company Liability
• Security Interest
• Equitable-mortgage
• Mortgage-act

R.L.Jain v Kasozi G.Michael & Anor (High Court Miscellaneous Application No. 585 of 2007)

R.L.Jain v Kasozi G.Michael & Anor (High Court Miscellaneous Application No. 585 of 2007) [2007] UGCommC 85 (24 October 2007)

Court

Commercial Court of Uganda

Case number

High Court Miscellaneous Application No. 585 of 2007

The court found that the applicants raised bona fide triable issues regarding the respondent's failure to exercise the right to sell the pledged land, the respondent's refusal to release the certificate of title for sale to willing buyers, and the circumstances under which the certificate of title registered in a third party's name was accepted as security. The respondent did not rebut the applicants' sworn averments, and the facts indicated genuine disputes requiring trial. The court held that the applicants are entitled to unconditional leave to appear and defend the suit, as the defence is…

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• Loan Agreements
• Security Interest
• Summary Procedure
• Leave To Defend

The Cooperative Bank Ltd v Godfrey Bazanye (HCT-00-CC-OS 17 of 2006)

The Cooperative Bank Ltd v Godfrey Bazanye (HCT-00-CC-OS 17 of 2006) [2006] UGCommC 45 (21 September 2006)

Court

Commercial Court of Uganda

Case number

HCT-00-CC-OS 17 of 2006

The High Court allowed an originating summons for foreclosure, holding the bank had shown an equitable mortgage, default, and an arguable right to sale.

• Equitable Mortgage
• Foreclosure
• Redemption Of Mortgage
• Security Interest
• Equitable-mortgage
• Mortgage-redemption