In the case of Daniel Nkugwa V Centenary Rural Development Bank, Civil Suit No. 165 of 2016 in the High Court of Uganda Civil Division.
Judgment delivered on 17th /May /2019.
This was a case of failure to pay a loan by the plaintiff amounting to UGX 60,000,000/= lent to him by the defendant. The defendant, upon waiting in vain for payment of the loan, decided to advertise and sell the plaintiff’s land used as security when he was borrowing the loan from the bank.
The plaintiff claims that the defendant erred by advertising all the three properties used as security to recover the money in arrears yet, only one property could set off the whole amount demanded by the bank. He sought an injunction stopping the sale of all the three properties.
The lady justice dismissed the plaintiffs’ claims on the delay in payment of two years and the lack of initiative from the plaintiff to complete the payment.
She stated that instead of the plaintiff paying the outstanding balance, he decided to intimidate the defendant with a court case, which was inappropriate after a delay of two years. She accordingly dismissed the suit and ordered that costs be paid to the defendant and that the defendant goes ahead to sell all the three properties to recover its money and revert the balance to the plaintiff.