MRS. BUSHUYU (ADMINISTRATRIX                                                           OF THE ESTATE OF JOHN WILSON BUSHUYU)……………. DEFENDANT
BEFORE: THE HON. MR. JUSTICE G.M.. OKELLO
JUDGMENT:
This suit was brought by Originating Summons under O.34 r.7 of the CPR and under section 7 and 8 of Decree 17/74. It was supported by the affidavit deponed to by Caleb Babihuga of U.C.B. on 18/2/94 and by a supplementary affidavit of Tugumisirize Livingstone a Bank manager with U.C.B. Kabale Main Branch deponed to 27/4/94. The issues set out in the summons for determination by the court were:-
(a) Whether he Plaintiff after default of loan repayment is entitled, to foreclosure and then subsequently to sale so as to realise the principal interest and cost on the loan that was given as AGRO/044/55 on 6/11/88 to FREMI AGENCIES LTD.
(b) Whether it was secured by a mortgage of the defendant’s property aforesaid with their consent, authority and power of attorney.
(c) Whether the failure to repay is evidenced by the Bank statement which is annexed to the affidavit of Ca1eb Babihuga of U.C.B dated 18/2/94 hereto attached and marked “B”
The background to this suit appears to be as follows: The plaintiff Bank appears to have on 6/11/88 granted a loan to a company known as