Luyimbazi Vs Uganda Commercial Bank (CIVIL APPEAL NO.50 OF 2004) [2019] UGCA 3 (17 January 2019);


Search Summary: 

The appellant at trial had sought relief
including a declaration that suit mortgage was
not properly executed, sale of land rendered
null and void, general damages for breach of
contract and trust and special damages which
was dismissed with costs hence this appeal on
the grounds of the holding that there was a
valid demand for the payment of the overdraft,
that there were notices received prior to the

eviction of the tenants of the appellant, the
holding that the suit property was properly
sold, reliance on unsubstantiated evidence the
holding on the existence of fraud.

Headnote and Holding: 

The court
held that as the first appellate court, it is
required to re appraise the evidence and reach
an independent conclusion.
That the receipt of the letter that prompted the
appellant to ask for the meeting with the
respondent amounted to a notice under the law.
That from the evidence, the appellant didn’t
prove that the respondent had accepted his


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