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Civil Procedure [2021] UGCA 92

Bisangwa Kasimba and Another v Diamond Trust Bank Uganda Limited

Bisangwa Kasimba and Another v Diamond Trust Bank Uganda Limited (Civil Appeal No. 347 of 2019) [2021] UGCA 92 (23 September 2021)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 347 of 2019
Judge
Cheborion, JA, Madrama, JA, Musota, JA

The Court of Appeal held that the trial Judge properly exercised judicial discretion in granting a conditional temporary injunction, requiring the appellants to deposit Ug. Shs. 550,000,000/= as a condition precedent. The Court found that the appellants had acknowledged their indebtedness and proposed a repayment plan, and that the trial Judge considered all relevant materials, including the risk of dilatory tactics if an unconditional injunction were granted. The issues raised by the appellants regarding statutory notices and property valuation were deemed relevant to the main suit, not the…

Source excerpt

  • Temporary Injunctions
  • Mortgage Enforcement
  • Performance Bonds
  • Judicial Discretion
  • Valuation Of Mortgaged Property
  • Conditional Orders
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Banking And Finance [2021] UGCommC 197

Solomon Champlain Lui & Another v Stanbic Bank Uganda Limited & Another

Solomon Champlain Lui & Another v Stanbic Bank Uganda Limited & Another (Civil Suit 63 of 2018) [2021] UGCommC 197 (16 April 2021)

Court
Commercial Court of Uganda
Case number
Civil Suit 63 of 2018
Judge
Adonyo, J

The court found that the mortgages were legally issued and valid despite procedural defects in execution, as the plaintiffs delivered their titles to the mortgagee as security. The sale of the suit properties to the 2nd defendant was legal, and the 2nd defendant acquired good title, as there was no evidence of fraud or collusion. However, the 1st defendant breached its duty of care by selling the properties below the forced sale value established in the second valuation report. The plaintiffs are entitled to the difference between the forced sale value and the actual sale price. The plaintiff…

Source excerpt

  • Mortgage Enforcement
  • Foreclosure Procedure
  • Duty Of Care In Sale
  • Valuation Of Mortgaged Property
  • Fraud In Property Transactions
  • Remedies For Breach Of Mortgage
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Banking And Finance [2007] UGCommC 108

Greenland Bank Ltd (In liquidation) v Wasswa Birigwa and Anor (HCT-00-CC-CS 26 of 2004)

Greenland Bank Ltd (In liquidation) v Wasswa Birigwa and Anor (HCT-00-CC-CS 26 of 2004) [2007] UGCommC 108 (20 December 2007)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 26 of 2004

The court found that the plaintiff failed to serve the required statutory notice of default or demand on the defendants prior to the sale of the mortgaged property, in violation of Sections 116 and 117 of the Registration of Titles Act and the terms of the mortgage deed. The sale was therefore unlawful. Furthermore, the court found clear evidence of fraud, as the property was sold for Shs.17,000,000.00 but only Shs.13,000,000.00 was declared to the defendants, with the difference concealed. The plaintiff also acted negligently by failing to obtain a pre-sale valuation and selling the property…

Source excerpt

  • Mortgage Enforcement
  • Statutory Notice Requirements
  • Fraudulent Sale
  • Duty Of Care In Mortgage Sales
  • Valuation Of Mortgaged Property
  • Remedies For Unlawful Sale
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Commercial And Corporate [2007] UGCommC 57

Moses Jim Jjagwe v Standard Chartered Bank (U) Ltd (HCT-00-CC-CS 375 of 2004)

Moses Jim Jjagwe v Standard Chartered Bank (U) Ltd (HCT-00-CC-CS 375 of 2004) [2007] UGCommC 57 (31 May 2007)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-CS 375 of 2004

The court found that the defendant bank, in selling the mortgaged property by private treaty, failed to exercise reasonable care and diligence to obtain the best price reasonably obtainable. Despite a higher bid of Shs.180m being available and the involvement of reputable parties, the property was sold for Shs.120m without sufficient competitive bidding or patience. The hurried sale caused loss to the plaintiff, and the bank's agents acted mechanically without accommodating reasonable efforts to maximize the sale price. The court held that the duty to obtain the best price is an equitable obl…

Source excerpt

  • Mortgagee Power Of Sale
  • Duty Of Care In Sale
  • Valuation Of Mortgaged Property
  • Bank Liability For Negligent Sale
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.