Prime Finance Company Ltd v Ssali Babu Salim (Civil Suit 298 of 2023) [2025] UGCommC 54 (8 April 2025)
Court
Commercial Court of Uganda
Case number
Civil Suit 298 of 2023
Judge
Tumusiime Rubagumya, J
The High Court found the defendant indebted under a loan agreement, but reduced the agreed 10% monthly interest to 30% per annum as harsh and unconscionable.
Mambasa v Ibalu Associates Limited & Another (Civil Suit 61 of 2024) [2024] UGHC 657 (25 June 2024)
Court
High Court of Uganda
Case number
Civil Suit 61 of 2024
Judge
David S.L. Makumbi, J
The Plaintiff's cause of action is primarily founded on grounds covered by Section 89(1) of the Tier 4 Microfinance Institutions and Money Lenders Act and Regulation 26 of the corresponding Regulations, namely excessive interest and unconscionable terms. Regulation 26 is mandatory and requires that any application to reopen a money lending transaction be brought by Notice of Motion, not by plaint. The Plaintiff's argument that the absence of a Money Lender's licence exempts the transaction from the procedural requirements is untenable, as the court must still apply the relevant money lending…
Mitegyeko v Goldmine Finance Limited and Another (Misc Cause 94 of 2022) [2023] UGCommC 106 (13 October 2023)
Court
Commercial Court of Uganda
Case number
Misc Cause 94 of 2022
Judge
Kahigi Asiimwe, J
The court found that the transaction between the applicant and respondents was a loan agreement and not a sale of the vehicle. The evidence, including the acknowledgment of receipt of loan funds, affidavits from witnesses, and the circumstances of the transfer, indicated that the applicant did not intend to sell his vehicle but rather pledged it as security for a loan. The sale agreement was deemed null and void due to lack of intention to create legal relations and absence of consideration. The court further held that the interest charged was harsh and unconscionable, and that the practice o…
Hamwe Investiments Ltd v Babigumira (Civil Suit No. 24 of 2012) [2015] UGCommC 48 (18 February 2015)
Court
Commercial Court of Uganda
Case number
Civil Suit No. 24 of 2012
Judge
Adonyo, J
The court found that the plaintiff failed to prove, on a balance of probabilities, the specific indebtedness of the defendant in the sum claimed due to a lack of clear records and contradictory evidence regarding the transactions. The interest rates stipulated in the loan agreement (1% per month for five months and 5% per month thereafter) were found to be excessive and unconscionable under Section 12 of the Money Lenders Act, which caps interest at 24% per annum. The plaintiff's failure to keep proper books of account as required by law further undermined its claim. The court held that, in s…
Lobo v Baganda Butchers, Limited and Others (Civil Appeal No. 6 of 1947) [1947] EACA 3 (1 January 1947)
Court
East African Court of Appeal
Case number
Civil Appeal No. 6 of 1947
Judge
Edwards CJ, Graham Paul CJ, Pearson J
The Court of Appeal for Eastern Africa upheld a trial court’s reduction of interest on a promissory note, holding that 48% per annum was harsh and unconscionable.