Uganda Case Law

Tibiri v Tropical Bank Limited & Another

Tibiri v Tropical Bank Limited & Another (Civil Suit 487 of 2022) [2024] UGCommC 304 (3 September 2024)

Court

Commercial Court of Uganda

Case number

Civil Suit 487 of 2022

Judge

Tumusiime Rubagumya, J

The court found that the 2nd Defendant did not default on the loan facility, as the bank statement (PE 3) reflected full payment, including the large deposit by Nanyunja Zahara, and no evidence was adduced by the 1st Defendant to prove reversal of the transaction or continued indebtedness. Consequently, the Plaintiff, as guarantor, was discharged from liability, and the 1st Defendant's continued retention of the Plaintiff's land title was unjustified. The Plaintiff was entitled to the release of her certificate of title, general damages for inconvenience, and costs of the suit. The court decl…

Source excerpt

• Third Party Mortgage
• Guarantee Liability
• Loan Default
• Release Of Security
• Banking Errors

DMK Capital v Tezitta & 3 Others

DMK Capital v Tezitta & 3 Others (Miscellaneous Cause 54 of 2022) [2023] UGCommC 248 (28 August 2023)

Court

Commercial Court of Uganda

Case number

Miscellaneous Cause 54 of 2022

Judge

Anna B. Mugenyi, J

The High Court dismissed an application for vacant possession over mortgaged land, holding that the amount claimed was disputed and should await resolution of the pending suit.

• Mortgage Enforcement
• Third Party Mortgage
• Vacant Possession
• Affidavit Evidence
• Default Notice
• Procedural Objections

City Alluminum & Glass Services Limited and Another v Barclays Bank (U) Limited and Another

City Alluminum & Glass Services Limited and Another v Barclays Bank (U) Limited and Another (Civil Suit 867 of 2014) [2021] UGCommC 144 (28 June 2021)

Court

Commercial Court of Uganda

Case number

Civil Suit 867 of 2014

Judge

Stephen Mubiru, J

The High Court dismissed a contract and mortgage dispute, holding the plaintiffs failed to show a viable claim and that Barclays Bank was not bound by their memorandum.

• Third Party Mortgage
• Powers Of Attorney
• Breach Of Contract
• Privity Of Contract
• Third-party-mortgage
• Powers-of-attorney

Guma v Bank of Africa (U) Limited & 2 Ors

Guma v Bank of Africa (U) Limited & 2 Ors (CIVIL SUIT No. 0013 OF 2008) [2018] UGHCCD 28 (9 April 2018)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT No. 0013 OF 2008

Judge

Stephen Mubiru, J

The plaintiff, as a third party mortgagor, did not establish the existence or breach of any fiduciary duty owed by the first defendant bank. The relationship between the bank and the plaintiff was not one of dependency or trust that would give rise to fiduciary obligations, and the plaintiff was fully aware of the transaction's terms, having executed both the powers of attorney and the mortgage deed. The express terms of the mortgage deed clearly identified the second defendant as the borrower and the plaintiff as the mortgagor providing security. No evidence of fraud, misrepresentation, undu…

Source excerpt

• Third Party Mortgage
• Fiduciary Duties
• Contractual Liability
• Bank Customer Relationship
• Counterclaim
• Remedies For Breach