Kabale Institute of Health Sciences Limited v The Miscrofinance Support Centre Limited
Kabale Institute of Health Sciences Limited v The Miscrofinance Support Centre Limited (Miscellaneous Cause 144 of 2023) [2024] UGCommC 219 (12 July 2024)
The court found that the Respondent failed to prove effective service of the notice of default and sale as required by law, particularly lacking evidence of posting and receipt in accordance with the Interpretation Act. This failure invalidated the advertisement for sale of the Applicant's properties. Furthermore, the court held that the law does not permit simultaneous sale by public auction and private treaty; the mortgagee must choose one mode, and sale by private treaty requires contemporaneous written consent from the mortgagor. The Respondent also failed to provide evidence of valuation…
Source excerpt
- Mortgage Enforcement
- Service Of Statutory Notices
- Sale Of Mortgaged Property
- Valuation Requirements
- Injunctive Relief
- Loan Default