Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Uganda decisions
Decisions matching the current search
Kiwanuka & Another v Microfinance Support Centre Limited & Another (Miscellaneous Cause 35 of 2024) [2025] UGCommC 6 (27 January 2025)
The High Court held it lacked jurisdiction to grant consequential orders after a Court of Appeal judgment voiding a mortgage for lack of spousal consent.
Kiwanuka v Micro Finance Centre Limited and Another (Civil Appeal 159 of 2014) [2023] UGCA 355 (14 April 2023)
The Court of Appeal found that the appellant was legally married to the 2nd respondent and had locus standi to challenge the mortgage. The property in question was established as the matrimonial home, and the mortgage was executed without the appellant's spousal consent, in violation of Section 39 of the Land Act and relevant provisions of the Mortgage Act. The trial court's reliance on discretion under Section 36 of the Mortgage Act to avoid nullifying the mortgage was held to be a misdirection, as such discretion cannot override mandatory statutory requirements or sanction illegality. The a…
Source excerpt
Bwebale v Bwebale and 2 Others (Civil Suit No. 855 of 2016) [2022] UGHCLD 193 (30 September 2022)
The High Court held that the disputed land was not family land under the Land Act, so the plaintiff’s consent was not required for the lease or sublease.
Global Capital Save 2004 Ltd v Okiror & Anor (Civil Appeal No. 151 of 2012) [2020] UGCA 70 (22 June 2020)
The Court of Appeal upheld findings that a mortgage/loan arrangement was invalid for defective execution, lack of attestation, absence of spousal consent, and unconscionable interest.
Sheila Butsya Lubega v Percy Paul Lubega & Anor (HCT-00-CC-CS None of 2016) [2018] UGCommC 16 (6 June 2018)
The High Court held that Kyadondo Block 185 Plot 9624 was a matrimonial home, so spousal consent was required and the 2015 mortgage was unenforceable.
Bukenya & Anor v Kirumira & 2 Ors (Civil Suit No. 220 of 2008) [2018] UGHCLD 34 (11 April 2018)
The court found that the transaction was not a genuine sale but a fraudulent scheme orchestrated by the Defendants to deprive the Plaintiffs of their property. The Plaintiffs, who were illiterate, signed documents under the mistaken belief that they were providing security for a loan, not selling their land. The absence of proper translation, lack of spousal consent, and falsification of transfer forms constituted illegality and fraud. The sale agreement was void for failure to comply with the Illiterates Protection Act and the Land Act, and the transfer of title was procured by fraudulent me…
Source excerpt
Kiwanuka Vs Micro Finance Support Centre Ltd & Anor (Civil Application No. 256 of 2015.) [2015] UGCA 85 (23 October 2015)
The Court of Appeal granted a five-month interim injunction to preserve disputed property pending an application to extend an earlier temporary injunction.
Helen Kipsoy Wafula V Equity Bank (U) Limited & Another (Civil Suit No. 153 of 2013) [2014] UGHCLD 139 (10 April 2014)
The Plaintiff failed to discharge the burden of proof that she was lawfully married to the 2nd Defendant, as required by section 106 of the Evidence Act. No credible documentary or oral evidence was adduced to establish the existence of a customary marriage. The suit property was not a matrimonial home within the meaning of section 2 of the Mortgage Act, as it was acquired and developed for commercial purposes and not as the ordinary residence of a family. The lawful wife, Sarah Sheila Wanyoto Wafula, provided spousal consent, and there was no legal requirement for the Plaintiff's consent. Th…
Source excerpt
Tumwesigire v Tushemereirwe (Miscellaneous Application No. 140 of 2013) [2014] UGHCCD 38 (12 March 2014)
The High Court ordered removal of a caveat over land in Bira, Wakiso, finding the land was not family land and not subject to spousal consent.
