[2022] UGCommC 14

[2022] UGCommC 14

The court held that the Registrar properly exercised his discretion in imposing the 30% deposit requirement as a condition for granting a temporary injunction. Regulation 13(6) of The Mortgage Regulations, 2012 gives the court discretion to waive the deposit for a spouse of a mortgagor, but this discretion must be exercised based on evidence of undue hardship. The appellant failed to provide sufficient evidence of her inability to pay or that eviction would cause undue hardship beyond the ordinary consequences of foreclosure. Mere assertions of illiteracy, having ten children, and lack of alternative accommodation, without supporting evidence, are insufficient. The appellate court found...

Citation
[2022] UGCommC 14
Parties
Appellant: Nakato Margaret; Respondent: Housing Finance Bank Limited; Respondent: Mande Constant
Court
Commercial Court of Uganda
Jurisdiction
Uganda
Judgment Date
5 April 2022
Case Number
Civil Appeal No. 687 of 2021
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Judges
Stephen Mubiru, J
Legal Topics
Mortgage Enforcement, Temporary Injunctions, Matrimonial Home Rights, Judicial Discretion
Source Language
English
Land and Property Civil Procedure Mortgage Enforcement Temporary Injunctions Matrimonial Home Rights Judicial Discretion

Case Brief

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Parties

Nakato Margaret

Appellant

Housing Finance Bank Limited

Respondent

Mande Constant

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the Registrar erred in law and fact by imposing a condition requiring the appellant to pay 30% of the sum claimed by the respondent as a prerequisite for granting a temporary injunction restraining the sale of the mortgaged property.
  2. 2 Whether the appellant provided sufficient evidence to warrant a waiver of the 30% deposit requirement under Regulation 13(6) of The Mortgage Regulations, 2012.

Ratio Decidendi

The court held that the Registrar properly exercised his discretion in imposing the 30% deposit requirement as a condition for granting a temporary injunction. Regulation 13(6) of The Mortgage Regulations, 2012 gives the court discretion to waive the deposit for a spouse of a mortgagor, but this discretion must be exercised based on evidence of undue hardship. The appellant failed to provide sufficient evidence of her inability to pay or that eviction would cause undue hardship beyond the ordinary consequences of foreclosure. Mere assertions of illiteracy, having ten children, and lack of alternative accommodation, without supporting evidence, are insufficient. The appellate court found...

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs to the 1st respondent.