Uganda Case Law

Bunjo v Bank of Africa Uganda Limited & 3 Others

Bunjo v Bank of Africa Uganda Limited & 3 Others (Constitutional Petition 23 of 2018) [2024] UGCC 19 (23 May 2024)

Court

Constitutional Court of Uganda

Case number

Constitutional Petition 23 of 2018

Judge

Buteera, DCJ, Bamugemereire, JCC, Muzamiru, JA, Mulyagonja, JCC, Kihika, JA /JCC

The Constitutional Court held that Regulation 13 of the Mortgage Regulations S.I No. 2 of 2012 does not contravene Articles 44(c), 26(1), 31(1), or 139(1) of the Constitution. The requirement to deposit 30% of the forced sale value or outstanding loan arises only at the stage when a party seeks to stop or adjourn a sale of mortgaged property, not as a precondition to accessing court. The regulation is intended to balance the rights of mortgagees and mortgagors, prevent abuse of interlocutory relief, and is subject to court discretion, especially regarding spouses. The court found that propert…

Source excerpt

• Subsidiary Legislation Constitutionality
• Right To Fair Hearing
• Property Rights
• Mortgage Regulation
• Jurisdiction Of High Court