Wakilii

Stanbic Bank Uganda Limited and Elamin Mustafa El Kaiak Hassan v David Ssedyabule [2025] UGHC 1591

High Court · 2025 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for vacant possession and eviction following mortgage foreclosure and sale
Decision
Eviction order granted; Respondent ordered to deliver vacant possession within 30 days, failing which Applicants may execute Warrant of Eviction

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that upon lawful sale and transfer under a mortgage, the purchaser acquires full ownership rights and is entitled to vacant possession. The Respondent mortgaged the property, defaulted, and the property was lawfully sold to the 2nd Applicant who was registered as proprietor. The Respondent's interest vested in the purchaser free from mortgage liability under section 27(4) of the Mortgage Act. The Respondent's bare denial of possession, unsupported by affidavit evidence, did not displace the Applicants' claim that occupants acknowledged him as landlord. Application granted with eviction order.

Outcome

Eviction order granted; Respondent ordered to deliver vacant possession within 30 days, failing which Applicants may execute Warrant of Eviction

Facts

The 1st Applicant bank advanced credit facilities to Hardware Solutions Limited in July 2018. The Respondent executed mortgages over three plots at Buye (Kyadondo Block 216 Plots 4541, 4542, and 4543) as security. Hardware Solutions Limited defaulted on repayments. Despite undertakings by the Respondent to introduce purchasers, no payments were made. In August 2020, the bank sold the mortgaged properties to the 2nd Applicant, who was registered as proprietor. The Respondent delivered vacant possession of Plots 4542 and 4543 but refused to vacate Plot 4541. The Applicants brought this application seeking vacant possession and eviction. The Respondent claimed he had vacated all plots in 2020 but filed no affidavit in reply to support this assertion.

Issues

  1. Whether the Applicants are entitled to an order for vacant possession in respect of Kyadondo Block 216 Plot 4541 at Buye.

Orders

  • The Respondent shall vacate and deliver vacant possession of Kyadondo Block 216 Plot 4541, land at Buye, to the Applicants forthwith.
  • In the event of non-compliance within thirty (30) days, the Applicants are granted leave to apply for and execute a Warrant of Eviction against the Respondent or any person found in occupation thereof.
  • The Respondent, their agents, or anyone claiming through them are restrained from interfering with the 2nd Applicant's quiet possession.
  • The costs of this application shall be borne by the Respondent.

Rules and key headnotes

Mortgage Law — Mortgagee's Power of Sale — Effect of Registration of Transfer
Upon registration of a transfer by a mortgagee exercising its statutory power of sale, the interest of the mortgagor passes to and vests in the purchaser free of all liability on account of the mortgage or any other mortgage or encumbrance to which the mortgage has priority, other than a lease or easement to which the mortgagee had consented in writing.
Mortgage Law — Purchaser's Title — Good Title Except in Cases of Fraud
A purchaser in a sale effected by a mortgagee acquires good title except in a case of fraud, misrepresentation or other dishonest conduct on the part of the mortgagee of which the purchaser has actual or constructive notice.
Registered Proprietor — Right to Vacant Possession
Upon a lawful sale and transfer under a mortgage, the purchaser acquires full ownership rights and is entitled to quiet and vacant possession of the property, underpinned by the statutory indefeasibility of title accorded to the registered proprietor under section 59 of the Registration of Titles Act.
Burden of Proof — Unsupported Oral Submissions
Oral submissions by counsel that are unsupported by sworn affidavit evidence carry no weight in determining an application on affidavit.
Possession — Constructive Possession Through Tenants or Agents
Possession under the law extends not only to physical occupation but also to control exercised through tenants or agents. A bare denial of possession unsupported by evidence does not displace a claim that persons on the land acknowledge the respondent as landlord.

Legislation cited (5)

Full judgment

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Stanbic Bank Uganda Limited and Elamin Mustafa El Kaiak Hassan v David Ssedyabule 2025 UGHC 1591 (20 October 2025)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.