Uganda Case Law

Kuteesa v Equity Bank Uganda Limited & Another

Kuteesa v Equity Bank Uganda Limited & Another (Miscellaneous Appeal 20 of 2024) [2024] UGCommC 309 (6 September 2024)

Court

Commercial Court of Uganda

Case number

Miscellaneous Appeal 20 of 2024

Judge

Tumusiime Rubagumya, J

The court held that Regulation 13(1) of the Mortgage Regulations is mandatory and requires a mortgagor seeking to adjourn or stop a sale to pay 30% of the outstanding amount or forced sale value, regardless of disputes over the amount or absence of a valuation report. The appellant's arguments regarding lack of valuation, disputed amount, and non-service of statutory notices do not exempt him from compliance with the regulation. The court found that the Assistant Registrar properly exercised discretion, evaluated the evidence, and acted within the law in granting a conditional temporary injun…

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• Temporary Injunctions
• Mortgage Enforcement
• Statutory Notices
• Valuation Disputes

TSMP (U) Ltd Vs Registrar of Titles & Anor (MISCELLENOUS APPLICATION NO. 184 OF 2017)

TSMP (U) Ltd Vs Registrar of Titles & Anor (MISCELLENOUS APPLICATION NO. 184 OF 2017) [2019] UGHCCD 107 (14 March 2019)

Court

HC: Civil Division (Uganda)

Case number

MISCELLENOUS APPLICATION NO. 184 OF 2017

The High Court of Uganda allowed joinder of the Jinja District Land Board as a third defendant in a land dispute involving alleged fraudulent allocation of the suit land.

• Joinder Of Parties
• Necessary Party
• Land Allocation Dispute
• Fraudulent Title
• Amendment Of Plaint
• Statutory Notices

Namukasa v Letshego (U) Ltd

Namukasa v Letshego (U) Ltd (Miscellaneous Application No. 590 of 2018) [2019] UGCommC 11 (4 March 2019)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 590 of 2018

The High Court granted a temporary injunction restraining sale of mortgaged properties after finding a prima facie case based on alleged non-compliance with mortgage notice requirements.

• Temporary Injunctions
• Mortgage Enforcement
• Statutory Notices
• Balance Of Convenience
• Temporary-injunctions
• Mortgage-enforcement

Prime I.K Uganda Limited v Eco Bank Uganda Limited

Prime I.K Uganda Limited v Eco Bank Uganda Limited (Miscellaneous Application No. 852 of 2016) [2017] UGCommC 43 (5 May 2017)

Court

Commercial Court of Uganda

Case number

Miscellaneous Application No. 852 of 2016

The court found that while the applicant did not deny obtaining credit facilities, there was insufficient disclosure by both parties regarding the amounts owed and the proceeds from the sale of the mortgaged property. The respondent failed to provide particulars of the sale as directed, and the applicant did not specify the amount owed at the time of sale. The court held that the applicant raised plausible defences, including whether statutory procedures under the Mortgage Act and Regulations were followed in the sale of the mortgaged property, and whether the amount claimed was accurate. The…

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• Mortgage Enforcement
• Summary Procedure
• Loan Default
• Statutory Notices
• Valuation Of Security
• Right To Defend