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

Ntwatwa v Bank of Baroda (U) Limited & Another

Ntwatwa v Bank of Baroda (U) Limited & Another (Civil Suit 302 of 2019) [2023] UGCommC 260 (18 October 2023)

Court

Commercial Court of Uganda

Case number

Civil Suit 302 of 2019

Judge

Anna B. Mugenyi, J

The High Court held that the mortgage sale was lawful, dismissed the plaintiff’s suit, and upheld the second defendant’s title and counterclaim.

• Mortgage Enforcement
• Sale Of Mortgaged Property
• Bonafide Purchaser
• Valuation Disputes
• Eviction
• Damages

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019)

Kyakimwa Sauda & Another V Eco Power Holdings Limited (EDT COMPLAINT 5 of 2019) [2022] UGEDT 1 (23 May 2022)

Court

Electricity Disputes Tribunal

Case number

EDT COMPLAINT 5 of 2019

Judges

Charles Okoth Owor - Chairperson Electricity Disputes Tribunal, Anaclet Turyakira, - Vice Chair Person Electricty Disputes Tribunal, Paul Mubiru - Member Electricity Disputes Tribunal

The Tribunal dismissed a land compensation complaint, finding the valuation process proper, the delay excessive, and a re-evaluation impractical after later development.

• Compensation For Land Acquisition
• Valuation Disputes
• Illiteracy And Document Execution
• Undue Influence
• Procedural Fairness
• Delay And Laches

Barclays Bank Limited v Balyejjusa and others

Barclays Bank Limited v Balyejjusa and others (Civil Suit No. 266 of 2009; Civil Suit No. 272 of 2008) [2014] UGCommC 233 (24 February 2014)

Court

Commercial Court of Uganda

Case number

Civil Suit No. 266 of 2009 ; Civil Suit No. 272 of 2008

Judge

Masalu-Musene, J

The court found that Barclays Bank was negligent, fraudulent, and reckless in the sale of the mortgaged property, having sold it at a price significantly below its market and forced sale value, failed to conduct a transparent sale, and did not properly account for the proceeds. The second valuation was flawed, and the bank's conduct in withholding information and failing to allow the plaintiff to sell the property itself further demonstrated bad faith. As a result, the directors of Etats Limited were not liable for the outstanding balance, as the bank's fraud and illegality negated any liabil…

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• Mortgagee Duties
• Sale Of Mortgaged Property
• Valuation Disputes
• Bank Liability
• Fraud In Property Transactions

Shell Kasese Services Ltd and Ors v The Cooperative Bank Ltd - (HTC-00-CC-MA 317 of 2005)

Shell Kasese Services Ltd and Ors v The Cooperative Bank Ltd - (HTC-00-CC-MA 317 of 2005) [2005] UGCommC 23 (18 May 2005)

Court

Commercial Court of Uganda

Case number

HTC-00-CC-MA 317 of 2005

The High Court granted unconditional leave to defend after finding triable issues over an alleged undervalue sale of secured property and a possible cross-action.

• Summary Procedure
• Sale Of Secured Property
• Valuation Disputes
• Leave To Defend
• Leave-to-defend
• Summary-procedure