Mortgage, loans and bonds

Re: An Application By Gabriel Kangwagye & Anor To be Appointed Joint Guardians of Nancy & Ors (MISCELLANEOUS CAUSE NO. 142 OF 1993 ) ((MISCELLANEOUS CAUSE NO. 142 OF 1993 )) [1991] UGHC 12 (25 November 1991);


Search Summary: 

The main grounds for this application were that the property in question was previously mortgaged to secure repayment of a loan obtained and utilized for the construction of the buildings comprise thereon. The applicants together with their minor children are now registered owners of the said property as joint tenants but were issued with a certificate of title free from encumbrances. The previous mortgagor had agreed not to recall the loan forth with on condition that all registered proprietors execute a fresh legal mortgage. 

Headnote and Holding: 

The court in granting the application held that it was satisfied that it is in the interest and for the welfare of the minors and that the applicants as natural parents of their minor children have good intentions. In this case, court found no evidence that the applicants had any interest adverse to those of their minor children.


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