Bank of Africa Uganda Limited v Ssemaganda and Another ( T/A Holyways Hostel)
Bank of Africa Uganda Limited v Ssemaganda and Another ( T/A Holyways Hostel) (Civil Appeal No. 131 of 2021) [2022] UGCA 18 (10 February 2022)
The Court of Appeal found that the appellant bank breached several statutory duties in the process of selling the mortgaged property, including failure to serve a proper demand notice, failure to give notice of sale, selling by private treaty without the respondents' consent, and selling at an undervalued price. The trial judge was justified in preferring the valuation report (Exhibit P9) that was properly admitted and unchallenged at trial, and the appellant's attempt to rely on other reports was procedurally improper. The expert handwriting evidence was cogent and unchallenged, establishing…
Source excerpt
- Mortgage Enforcement
- Valuation Of Property
- Damages Award
- Statutory Duties Of Mortgagee
- Notice Requirements
- Sale Of Mortgaged Property