Mortgage

Lubwama & Anor v Bank of Africa (U) Ltd & 4 Ors (CIVIL SUIT NO 177 OF 2013) [2016] UGHCLD 26 (7 November 2016);

Flynote: 

Search Summary: 

The plaintiffs who are the administrators of the estate of the deceased filed this suit against the respondents for a declaration that the mortgage lodged by the 1st defendant’s predecessor is null and void.

Headnote and Holding: 

The court held that the knowledge by the 2nd to 5th defendants that the bank had no lawful interest in the suit property ought to have reasonably put them on notice that it could not pass good title in the suit property to them because it had non to pass.

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