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Uganda decisions
Decisions matching the current search
Justice Anup Singh Choudry v UMEME Limited (Civil Suit 272 of 2021) [2025] UGHCCD 35 (26 February 2025)
The High Court held Umeme liable in trespass for installing a 3-phase pole on the plaintiff’s land without consent or statutory notice, but denied special and punitive damages.
Namukasa-Nsamba v Letshego Uganda Limited (Miscellaneous Application No. 590 of 2018) [2019] UGCommC 227 (4 March 2019)
The court found that the applicant raised serious questions requiring judicial determination regarding whether statutory notices under the Mortgage Act were properly served and whether the sale procedure was followed. Although the applicant would not suffer irreparable injury, as any harm could be compensated by damages, the balance of convenience favored the applicant, who would suffer greater inconvenience if the property was disposed of before the main suit was resolved. The respondent's failure to comply with statutory notice requirements rendered the sale process flawed, and the applican…
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Remo v Midia Sub-County Local Government (Civil Appeal No. 0008 of 2014) [2017] UGHCLD 260 (20 July 2017)
The High Court allowed an appeal against dismissal of a land suit and injunction application, holding that statutory notice was not a mandatory bar and the matter should be heard on merits.
Kawuki v Semaganyi (Civil Appeal No. 19 of 2014) [2017] UGHCLD 48 (2 May 2017)
The High Court found that the respondent was a bonafide occupant of the disputed land, having purchased and developed it, and thus held an equitable interest protected by law. The Kampala District Land Board’s grant of a lease to the appellant over land already occupied and developed by the respondent was unlawful, and the appellant’s entry constituted trespass. The trial court erred in purporting to cancel the lease and order a resurvey, as only the District Land Board has such authority, but this did not affect the outcome since the lease to the appellant was already void for lack of subjec…
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Odora & 3 Ors v Diamond Trust Bank & Anor (Miscellaneous Application No. 891 of 2016) [2017] UGCommC 28 (12 April 2017)
The application for a temporary injunction fails on the merits except to the extent that the statutory process for sale under the Mortgage Act must be strictly complied with. The applicants did not establish a prima facie case for an injunction, as only the first applicant has a relevant interest and has acknowledged indebtedness. The loan agreements and memorandum of understanding expressly permit sale of the mortgaged properties upon default, and the applicants failed to meet repayment obligations. The court finds that sale of mortgaged property does not constitute irreparable loss, as it i…
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Solomon Champlain Lui & Anor v Stanbic Bank Uganda Ltd (Miscellaneous Application No. 766 of 2016) [2017] UGCommC 24 (6 March 2017)
The High Court granted a conditional temporary injunction stopping sale of mortgaged property, finding arguable issues on statutory notices, interest variation, and mortgage enforcement.
Serwanga & Ors v Diamond Trust Bank Uganda Ltd (Miscellaneous Application No. 846 of 2016) [2017] UGCommC 2 (13 February 2017)
The High Court granted a conditional injunction in a mortgage dispute, requiring the applicants to cure default within 21 days or deposit 30% of the outstanding loan before any resale.
G.S Royal Hardware and Industries & Anor Ltd v Equity Bank (U) Ltd & Anor (HCCS 721 of 2015) [2016] UGCommC 30 (24 March 2016)
The court found that the second applicant, as the registered proprietor and mortgagor, has locus standi to challenge the intended sale of his property, especially where statutory notices may not have been properly served and the legality of the underlying transaction is disputed. The Mortgage Act 2009 grants the mortgagor the right to seek relief against foreclosure, and the absence of the mortgage instrument and tripartite agreement in evidence raises serious questions to be tried regarding the authority and consent for the additional charge. The court held that statutory rights under the Mo…
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In Re: the estate of late Justine David Kirunda (Miscellaneous Application No. 252 of 2014) [2015] UGHCFD 204 (23 March 2015)
The High Court upheld a preliminary objection, holding that statutory notice to a caveator under section 255 of the Succession Act was mandatory before filing the suit.
National Social Security Fund v Joseph Byamugisha (HCCA 20 of 2012) [2014] UGCommC 187 (3 November 2014)
The High Court dismissed NSSF’s appeal against taxation of an advocate-client bill, upholding the Registrar’s award and rejecting objections on notice, mediation, limitation, and VAT penal tax.
