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Mortgage Regulations

Statutory Instrument 2 of 2012 Current version · as at 13 January 2012
Enacted2012
Commenced13 January 2012
Last amended—
Point-in-time consolidation · as at 13 January 2012. This page may not reflect amendments made after that date. Confirm the current position against the latest Uganda Gazette before relying on it.

About this Act

A full descriptive summary for this Act has not been recorded yet.

Jurisdiction
Uganda
Type
Principal Legislation
Status
In force
Language
English

Full text of the Act

4 parts · 35 sections · 2 Schedules

Enhanced Annotated View adds approved, source-linked propositions, operative requirements, judicial passages, related provisions, amendment notes and authority status. Choose Original PDF to inspect the source consolidation.

Uganda

Mortgage Regulations

Commenced on 13 January 2012

[This is the version of this document at 13 January 2012.]

Part I

Title

These Regulations may be cited as the Mortgage Regulations, 2012.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Title”.

“These Regulations may be cited as the Mortgage Regulations, 2012.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. These Regulations may be cited as the Mortgage Regulations, 2012.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Interpretation
(1)

In these Regulations, unless the context otherwise requires- "Act" means the Mortgage Act, 2009; "agent" means a person appointed by a principal to do any act for that principal or to represent the principal in dealing with a third person; "currency point" has the value assigned to it in Schedule 1; "mortgagee" means a person in whose favour a mortgage is created or subsists; and includes any person deriving title under the original mortgagee; "mortgagor" means a person who has mortgaged land or an interest in land; and includes any person from time to time deriving title under the original mortgagor or entitled to redeem the mortgage according to his or her estate, interest or right in the mortgaged property; "principal" means a person who appoints an agent to do any act for him or her or to represent him or her in dealing with a third person;

"spouse" means a husband or wife recognized by the laws of Uganda. (2) A reference in the Act to "officer of Government" shall be taken to mean a public officer on or above the salary scale of U 5.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“(1) In these Regulations, unless the context otherwise requires-”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. "spouse" means a husband or wife recognized by the laws of Uganda. (2) A reference in the Act to "officer of Government" shall be taken to mean a public officer on or above the salary scale of U 5.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Mortgage Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part II

Ascertaining marital status of applicant
(1)

For the purpose of sections 5 and 6 of the Act and for the purposes of establishing whether an applicant for a mortgage has a spouse, a mortgagee shall require the applicant to state whether he or she is married and- (a) where the applicant for a mortgage states that he or she is married, he or she shall make a statutory declaration to that effect stating the name and address of his or her spouse; or (b) where the applicant states that he or she is not married, the applicant shall state so in a statutory declaration. (2) Where a person applying for a mortgage states that he or she is married, under sub regulation (1) (a) the spouse of that person shall also make a statutory declaration to that effect. (3) Where a person declares that he or she is married for the purposes of this regulation, that person shall attach a certified copy of the marriage certificate or any other evidence of the marriage to the declaration.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Ascertaining marital status of applicant”.

“(1) For the purpose of sections 5 and 6 of the Act and for the purposes of establishing whether an applicant for a mortgage has a spouse, a mortgagee shall require the applicant to state whether he or she is married and- (a) where the applicant for a mortgage states that he or she is married, he or she shall make a statutory declaration to that effect stating the name and address of his or her spouse; or (b) where the applicant states that he or she is not married, the applicant shall state so in a statutory…”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (1) For the purpose of sections 5 and 6 of the Act and for the purposes of establishing whether an applicant for a mortgage has a spouse, a mortgagee shall require the applicant to state whether he or she is married and- (a) where the applicant for a mortgage states that he or she is married, he or she shall make a statutory declaration to that effect stating the name and address of his or her spouse; or (b) where the applicant states that he or she is not married, the applicant shall state so in a statutory declaration. (2) Where a person applying for a mortgage states that he or she is married, under sub regulation (1) (a) the spouse of that person shall also make a statutory declaration to that effect. (3) Where a person declares that he or she is married for the purposes of this regulation, that person shall attach a certified copy of the marriage certificate or any other evidence of the marriage to the declaration.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 5 · Right to tack to be clearly specified in mortgage instrument Section 6 · Address of service of mortgagor
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Mortgagee not to disclose information about

the mortgagor to third parties (1) A mortgagee shall not disclose any information about the mortgagor in respect of the mortgage to a third party without the written consent of the mortgagor. (2) Sub regulation (1) shall not apply to information required to be disclosed by law or court. (3) Notwithstanding sub-regulation (1) a mortgagee shall disclose information about the mortgagor to-

(a)

a surety of the mortgagor; (b) a donor of a powers of attorney; (c) an independent person under section 6 of the Act; (d) any person with proof of legal or beneficial interest in the property of the mortgagor. (4) A mortgagee who contravenes sub regulation (1) commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Mortgagee not to disclose information about”.

“the mortgagor to third parties (1) A mortgagee shall not disclose any information about the mortgagor in respect of the mortgage to a third party without the written consent of the mortgagor. (2) Sub regulation (1) shall not apply to information required to be disclosed by law or court. (3) Notwithstanding sub-regulation (1) a mortgagee shall disclose information about the mortgagor to-”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. (a) a surety of the mortgagor; (b) a donor of a powers of attorney; (c) an independent person under section 6 of the Act; (d) any person with proof of legal or beneficial interest in the property of the mortgagor. (4) A mortgagee who contravenes sub regulation (1) commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 6 · Address of service of mortgagor
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Right to tack to be clearly specified in mortgage instrument
(1)

Where a mortgage includes a right to tack, the right shall be clearly and prominently specified in the mortgage instrument. (2) For the purposes of sub regulation (1) the cover or first page of the mortgage instrument shall be clearly marked "mortgage with right to tack".

(3)

The registrar shall when recording the mortgage specify the right to tack in the register.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Definition

This section supplies the definitions or statutory meaning governing “Right to tack to be clearly specified in mortgage instrument”.

“(1) Where a mortgage includes a right to tack, the right shall be clearly and prominently specified in the mortgage instrument. (2) For the purposes of sub regulation (1) the cover or first page of the mortgage instrument shall be clearly marked "mortgage with right to tack".”
Primary legislation Source quotation matched
Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Right to tack to be clearly specified in mortgage instrument”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Where a mortgage includes a right to tack, the right shall be clearly and prominently specified in the mortgage instrument. (2) For the purposes of sub regulation (1) the cover or first page of the mortgage instrument shall be clearly marked "mortgage with right to tack".
  2. (3) The registrar shall when recording the mortgage specify the right to tack in the register.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Address of service of mortgagor
(1)

Every notice or any other document required by the Act or these Regulations to be given to a mortgagor shall be sent to the address given by the mortgagor at the time of entering into the mortgage.

(2)

Where the mortgagor does not give an address at the time of entering into the mortgage or at any time after, the notice or any other document shall be published in a newspaper of wide circulation in the area where the property is situated.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Address of service of mortgagor”.

“(1) Every notice or any other document required by the Act or these Regulations to be given to a mortgagor shall be sent to the address given by the mortgagor at the time of entering into the mortgage.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) Every notice or any other document required by the Act or these Regulations to be given to a mortgagor shall be sent to the address given by the mortgagor at the time of entering into the mortgage.
  2. (2) Where the mortgagor does not give an address at the time of entering into the mortgage or at any time after, the notice or any other document shall be published in a newspaper of wide circulation in the area where the property is situated.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Mortgagor to notify mortgagee of change in address
(1)

A mortgagor shall notify the mortgagee in writing of any change in the address of the mortgagor.

(2)

An act or proceeding taken by the mortgagee shall not be affected by the mortgagor's claim of a subsequent change in address that was not notified to the mortgagee.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Mortgagor to notify mortgagee of change in address”.

“(1) A mortgagor shall notify the mortgagee in writing of any change in the address of the mortgagor.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A mortgagor shall notify the mortgagee in writing of any change in the address of the mortgagor.
  2. (2) An act or proceeding taken by the mortgagee shall not be affected by the mortgagor's claim of a subsequent change in address that was not notified to the mortgagee.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part III

Sale by mortgagee to be by public auction
(1)

A mortgagee exercising a power of sale under the Act shall subject to the Act and these Regulations, sell the mortgaged property by public auction.

(2)

After giving the notice required by section 26 of the Act, the mortgagee shall give notice of the public auction by advertising the intended sale in a newspaper of wide circulation.

(3)

The advertisement in sub regulation (2) shall include a coloured picture of the mortgaged property and specify-

(a)

the time and place of sale; and

(b)

the time at which the property may be viewed by the public.

(4)

A sale shall not take place before the expiration of twenty one working days from the date of service of the notice as specified in section 26 of the Act.

(5)

A person who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.

Section analysis 1 source-matched judicial passage Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Offence or consequence

This section creates or governs statutory liability concerning “Sale by mortgagee to be by public auction”.

“(1) A mortgagee exercising a power of sale under the Act shall subject to the Act and these Regulations, sell the mortgaged property by public auction.”
Primary legislation Source quotation matched
Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) A mortgagee exercising a power of sale under the Act shall subject to the Act and these Regulations, sell the mortgaged property by public auction.
  2. (2) After giving the notice required by section 26 of the Act, the mortgagee shall give notice of the public auction by advertising the intended sale in a newspaper of wide circulation.
  3. (3) The advertisement in sub regulation (2) shall include a coloured picture of the mortgaged property and specify-
  4. (a) the time and place of sale; and
  5. (b) the time at which the property may be viewed by the public.
  6. (4) A sale shall not take place before the expiration of twenty one working days from the date of service of the notice as specified in section 26 of the Act.
  7. (5) A person who contravenes this regulation commits an offence and is liable on conviction to a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1
High Court — persuasive authority ✓ Source matched
Section 8 of the Mortgage Regulations 2012 provides for sale by public Auction to the effect that the subject matter is advertised after giving notice as per S.26 of the Mortgage Act.
Equity Bank Uganda v Achola (CIVIL APPEAL NO.004 OF 20017) [2019] UGHCCD 70 (2 April 2019)
[2019] UGHCCD 70 · High Court · 2019-04-02

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions
Section 26 · Taking possession of the mortgaged land Before
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Sale by order of court

Where the court makes an order for sale of mortgaged property, the sale shall be conducted in the manner directed by court

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Sale by order of court”.

“Where the court makes an order for sale of mortgaged property, the sale shall be conducted in the manner directed by court”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Where the court makes an order for sale of mortgaged property, the sale shall be conducted in the manner directed by court
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Sale by private treaty
(1)

A mortgagee exercising a power of sale under the Act may, with the consent of the mortgagor, sell the mortgaged property by private treaty.

(2)

For purposes of sub-regulation (1) consent of the mortgagor shall, subject to section 26 of the Act, be by written notice.

(3)

For the avoidance of doubt, a mortgagor's consent shall not be retrospective.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Sale by private treaty”.

“(1) A mortgagee exercising a power of sale under the Act may, with the consent of the mortgagor, sell the mortgaged property by private treaty.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

3
  1. (1) A mortgagee exercising a power of sale under the Act may, with the consent of the mortgagor, sell the mortgaged property by private treaty.
  2. (2) For purposes of sub-regulation (1) consent of the mortgagor shall, subject to section 26 of the Act, be by written notice.
  3. (3) For the avoidance of doubt, a mortgagor's consent shall not be retrospective.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 26 · Taking possession of the mortgaged land Before
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Valuation of mortgaged property
(1)

The mortgagee shall before selling the property, value the property to ascertain the current market value and the forced sale value of the property.

(2)

For the purposes of sub regulation (1), the valuation report shall not be made more than six months before the date of sale.

(3)

The valuation report shall contain the current pictures of the property, including-

(a)

the front view of the property;

(b)

the side view of the property; and

(c)

the detailed description of the property.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Valuation of mortgaged property”.

“(1) The mortgagee shall before selling the property, value the property to ascertain the current market value and the forced sale value of the property.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) The mortgagee shall before selling the property, value the property to ascertain the current market value and the forced sale value of the property.
  2. (2) For the purposes of sub regulation (1), the valuation report shall not be made more than six months before the date of sale.
  3. (3) The valuation report shall contain the current pictures of the property, including-
  4. (a) the front view of the property;
  5. (b) the side view of the property; and
  6. (c) the detailed description of the property.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Mortgagor to give access for valuation and inspection
(1)

Where the mortgagor is in possession of the mortgaged property at the time of sale, the mortgagor shall, upon notice, give access to the mortgaged property to-

(a)

the person authorized by the mortgagee to value the property;

(b)

persons inspecting the property after advertisement for the purposes of purchase.

(2)

A person inspecting the property for the purposes of purchase shall be accompanied by the mortgagee or his or her representative.

(3)

Where the mortgagor refuses to give access to mortgaged property, the mortgagee shall take possession of the property for the purposes of valuation and inspection at the cost of the mortgagor.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Mortgagor to give access for valuation and inspection”.

“(1) Where the mortgagor is in possession of the mortgaged property at the time of sale, the mortgagor shall, upon notice, give access to the mortgaged property to-”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

5
  1. (1) Where the mortgagor is in possession of the mortgaged property at the time of sale, the mortgagor shall, upon notice, give access to the mortgaged property to-
  2. (a) the person authorized by the mortgagee to value the property;
  3. (b) persons inspecting the property after advertisement for the purposes of purchase.
  4. (2) A person inspecting the property for the purposes of purchase shall be accompanied by the mortgagee or his or her representative.
  5. (3) Where the mortgagor refuses to give access to mortgaged property, the mortgagee shall take possession of the property for the purposes of valuation and inspection at the cost of the mortgagor.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Adjournment or stoppage of sale
(1)

The court may on the application of the mortgagor, spouse, agent of the mortgagor or any other interested party and for reasonable cause, adjourn a sale by public auction to a specified date and time upon payment of a security deposit of 30% of the forced sale value of the mortgaged property or outstanding amount. (2) The person conducting the sale may, upon notifying the mortgagor, mortgagee and bidders in writing, adjourn the sale to a specified date and time. (3) The person conducting the sale shall specify the reason for adjourning the sale under sub regulation (2). (4) Where a sale is stopped or adjourned at the request of the mortgagor, an agent of the mortgagor, the spouse of the mortgagor or any other interested party, the mortgagor, agent or spouse of the mortgagor or that interested party shall, at the time of stopping or adjourning the sale, pay to the person conducting the sale, a security deposit of 30% of the forced sale value of the mortgaged property or the outstanding amount, whichever is higher.

(5)

Where the sale is stopped or adjourned at the request of the mortgagor for the purposes of redemption, the mortgagor shall at the time of stopping or adjourning the sale pay a security deposit of 50% of the outstanding amount.

(6)

Notwithstanding sub-regulation (1) where the application is by the spouse of a mortgagor, the court shall determine whether that spouse shall pay the thirty percent security deposit.

(7)

Where a sale is adjourned under this regulation for a period longer than fourteen days, a fresh public notice shall be given in accordance with regulation 8 unless the mortgagor consents to waive it.

(8)

A sale shall be stopped where before the lot is called-

(a)

the mortgagor pays to the person conducting the auction, all the money owing to the mortgagee, including the costs of the sale; or

(b)

where the person conducting the sale is satisfied that all the money owing to the mortgagee, including the costs of the sale has been paid into the court which ordered the sale.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Adjournment or stoppage of sale”.

“(1) The court may on the application of the mortgagor, spouse, agent of the mortgagor or any other interested party and for reasonable cause, adjourn a sale by public auction to a specified date and time upon payment of a security deposit of 30% of the forced sale value of the mortgaged property or outstanding amount. (2) The person conducting the sale may, upon notifying the mortgagor, mortgagee and bidders in writing, adjourn the sale to a specified date and time. (3) The person conducting the sale shall specify…”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

7
  1. (1) The court may on the application of the mortgagor, spouse, agent of the mortgagor or any other interested party and for reasonable cause, adjourn a sale by public auction to a specified date and time upon payment of a security deposit of 30% of the forced sale value of the mortgaged property or outstanding amount. (2) The person conducting the sale may, upon notifying the mortgagor, mortgagee and bidders in writing, adjourn the sale to a specified date and time. (3) The person conducting the sale shall specify the reason for adjourning the sale under sub regulation (2). (4) Where a sale is stopped or adjourned at the request of the mortgagor, an agent of the mortgagor, the spouse of the mortgagor or any other interested party, the mortgagor, agent or spouse of the mortgagor or that interested party shall, at the time of stopping or adjourning the sale, pay to the person conducting the sale, a security deposit of 30% of the forced sale value of the mortgaged property or the outstanding amount, whichever is higher.
  2. (5) Where the sale is stopped or adjourned at the request of the mortgagor for the purposes of redemption, the mortgagor shall at the time of stopping or adjourning the sale pay a security deposit of 50% of the outstanding amount.
  3. (6) Notwithstanding sub-regulation (1) where the application is by the spouse of a mortgagor, the court shall determine whether that spouse shall pay the thirty percent security deposit.
  4. (7) Where a sale is adjourned under this regulation for a period longer than fourteen days, a fresh public notice shall be given in accordance with regulation 8 unless the mortgagor consents to waive it.
  5. (8) A sale shall be stopped where before the lot is called-
  6. (a) the mortgagor pays to the person conducting the auction, all the money owing to the mortgagee, including the costs of the sale; or
  7. (b) where the person conducting the sale is satisfied that all the money owing to the mortgagee, including the costs of the sale has been paid into the court which ordered the sale.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Deposit by purchaser and resale on default
(1)

At the fall of the hammer, the person declared purchaser shall within one working day, pay a deposit of at least thirty percent of the purchase amount to the officer conducting the sale.

(2)

Where the purchaser defaults in paying the deposit, the property shall be resold. (3) A purchaser who pays the deposit in accordance with this regulation shall pay the balance to the officer who conducted the sale within twenty one working days.

(4)

Where the balance is not paid within the time specified in sub regulation (3), the property may be sold to the second highest bidder or re-advertised in accordance with these Regulations.

(5)

Where the purchaser does not pay the balance in accordance with this regulation, the deposit shall be refunded to him or her less the costs incurred by the officer who conducted the sale.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Deposit by purchaser and resale on default”.

“(1) At the fall of the hammer, the person declared purchaser shall within one working day, pay a deposit of at least thirty percent of the purchase amount to the officer conducting the sale.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

4
  1. (1) At the fall of the hammer, the person declared purchaser shall within one working day, pay a deposit of at least thirty percent of the purchase amount to the officer conducting the sale.
  2. (2) Where the purchaser defaults in paying the deposit, the property shall be resold. (3) A purchaser who pays the deposit in accordance with this regulation shall pay the balance to the officer who conducted the sale within twenty one working days.
  3. (4) Where the balance is not paid within the time specified in sub regulation (3), the property may be sold to the second highest bidder or re-advertised in accordance with these Regulations.
  4. (5) Where the purchaser does not pay the balance in accordance with this regulation, the deposit shall be refunded to him or her less the costs incurred by the officer who conducted the sale.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Transfer of property after sale

After the payment of the full purchase price, the mortgagee shall execute instruments of transfer of the property in name of the purchaser or the person named by the purchaser.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Transfer of property after sale”.

“After the payment of the full purchase price, the mortgagee shall execute instruments of transfer of the property in name of the purchaser or the person named by the purchaser.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. After the payment of the full purchase price, the mortgagee shall execute instruments of transfer of the property in name of the purchaser or the person named by the purchaser.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Sale not to be vitiated by irregularity
(1)

An irregularity in conducting a sale by public auction shall not vitiate the sale, but any person suffering loss or injury as a result of the irregularity may bring an action for damages or compensation against the mortgagee or the person who conducted the sale. (2) Where a person suffering loss or injury as a result of irregularity in conducting a sale by public auction is the purchaser, that person may bring an action for declaration of ownership.

(3)

Any person suffering loss as a result of irregularity by private treaty may sue the mortgagee for breach of contract.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Sale not to be vitiated by irregularity”.

“(1) An irregularity in conducting a sale by public auction shall not vitiate the sale, but any person suffering loss or injury as a result of the irregularity may bring an action for damages or compensation against the mortgagee or the person who conducted the sale. (2) Where a person suffering loss or injury as a result of irregularity in conducting a sale by public auction is the purchaser, that person may bring an action for declaration of ownership.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) An irregularity in conducting a sale by public auction shall not vitiate the sale, but any person suffering loss or injury as a result of the irregularity may bring an action for damages or compensation against the mortgagee or the person who conducted the sale. (2) Where a person suffering loss or injury as a result of irregularity in conducting a sale by public auction is the purchaser, that person may bring an action for declaration of ownership.
  2. (3) Any person suffering loss as a result of irregularity by private treaty may sue the mortgagee for breach of contract.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history

Part IV

Mortgage instrument The

mortgage instrument shall be in Form 1 in Schedule

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Mortgage instrument The”.

“mortgage instrument shall be in Form 1 in Schedule”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. mortgage instrument shall be in Form 1 in Schedule
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Declaration of marital status The

declaration of marital status required by regulation 3 shall conform to the Statutory Declarations Act and shall contain a declaration regarding the following particulars (a) sex, citizenship and age; (b) marital status (c) if married, the nature and type of marriage; (d) if married, the name, age, citizenship and address of the spouse; (e) date, month and year of marriage; and (f) number and age of children with the spouse, if any.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Declaration of marital status The”.

“declaration of marital status required by regulation 3 shall conform to the Statutory Declarations Act and shall contain a declaration regarding the following particulars (a) sex, citizenship and age; (b) marital status (c) if married, the nature and type of marriage; (d) if married, the name, age, citizenship and address of the spouse; (e) date, month and year of marriage; and (f) number and age of children with the spouse, if any.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. declaration of marital status required by regulation 3 shall conform to the Statutory Declarations Act and shall contain a declaration regarding the following particulars (a) sex, citizenship and age; (b) marital status (c) if married, the nature and type of marriage; (d) if married, the name, age, citizenship and address of the spouse; (e) date, month and year of marriage; and (f) number and age of children with the spouse, if any.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Statutory Declarations Act
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Spousal consent for mortgage of a matrimonial home or customary land

Subject to sections 5 and 7(6) of the Act, before granting a mortgage the mortgagee shall require the consent of the spouse and the children in Form 2 in Schedule

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Spousal consent for mortgage of a matrimonial home or customary land”.

“Subject to sections 5 and 7(6) of the Act, before granting a mortgage the mortgagee shall require the consent of the spouse and the children in Form 2 in Schedule”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Subject to sections 5 and 7(6) of the Act, before granting a mortgage the mortgagee shall require the consent of the spouse and the children in Form 2 in Schedule
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 5 · Right to tack to be clearly specified in mortgage instrument Section 7 · Mortgagor to notify mortgagee of change in address
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Release of mortgage A release or

discharge of a mortgage by the mortgagee shall be in Form 3 in Schedule

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Release of mortgage A release or”.

“discharge of a mortgage by the mortgagee shall be in Form 3 in Schedule”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. discharge of a mortgage by the mortgagee shall be in Form 3 in Schedule
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Transfer of mortgage
(1)

A transfer of a mortgage under the Act shall be in Form 4 in Schedule 2.

(2)

A transfer of mortgaged land by a mortgagee to a purchaser after exercising the power of sale in accordance with section 28 (3) of the Act shall be in Form 5 in Schedule 2.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Transfer of mortgage”.

“(1) A transfer of a mortgage under the Act shall be in Form 4 in Schedule 2.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

2
  1. (1) A transfer of a mortgage under the Act shall be in Form 4 in Schedule 2.
  2. (2) A transfer of mortgaged land by a mortgagee to a purchaser after exercising the power of sale in accordance with section 28 (3) of the Act shall be in Form 5 in Schedule 2.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 28 · Variation of forms
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Notice of default

A notice of default to the mortgagor shall be in Form 6 in Schedule 2.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Notice of default”.

“A notice of default to the mortgagor shall be in Form 6 in Schedule 2.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A notice of default to the mortgagor shall be in Form 6 in Schedule 2.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Notice of appointment of receiver

The notice to the mortgagor for the appointment of a receiver shall be in Form 7 in Schedule 2.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Notice of appointment of receiver”.

“The notice to the mortgagor for the appointment of a receiver shall be in Form 7 in Schedule 2.”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. The notice to the mortgagor for the appointment of a receiver shall be in Form 7 in Schedule 2.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Leasing of mortgaged property

A mortgagee shall, before leasing mortgaged property in accordance with the Act, give notice to the mortgagor in Form 8 in Schedule 2.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Leasing of mortgaged property”.

“A mortgagee shall, before leasing mortgaged property in accordance with the Act, give notice to the mortgagor in Form 8 in Schedule 2.”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. A mortgagee shall, before leasing mortgaged property in accordance with the Act, give notice to the mortgagor in Form 8 in Schedule 2.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Mortgagee's power of sale of mortgaged property

Before exercising the power to sale under section 26 of the Act, the mortgagee shall give notice to the mortgagor in Form 9 in Schedule 2.

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Mortgagee's power of sale of mortgaged property”.

“Before exercising the power to sale under section 26 of the Act, the mortgagee shall give notice to the mortgagor in Form 9 in Schedule 2.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. Before exercising the power to sale under section 26 of the Act, the mortgagee shall give notice to the mortgagor in Form 9 in Schedule 2.
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 26 · Taking possession of the mortgaged land Before
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Taking possession of the mortgaged land Before

taking possession of the mortgaged land under section 24 of the Act, the mortgagee shall give notice to the mortgagor in Form 10 in Schedule

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Mandatory duty

This section imposes mandatory requirements concerning “Taking possession of the mortgaged land Before”.

“taking possession of the mortgaged land under section 24 of the Act, the mortgagee shall give notice to the mortgagor in Form 10 in Schedule”
Primary legislation Source quotation matched
Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. taking possession of the mortgaged land under section 24 of the Act, the mortgagee shall give notice to the mortgagor in Form 10 in Schedule
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions
Section 24 · Leasing of mortgaged property
Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Withdrawing from possession The notice by

the mortgagee to withdraw from possession of the mortgaged land shall be in Form 11 in Schedule

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Procedural rule

This section establishes the governing procedure for “Withdrawing from possession The notice by”.

“the mortgagee to withdraw from possession of the mortgaged land shall be in Form 11 in Schedule”
Primary legislation Source quotation matched
Practical effect

A litigant should address this rule at the procedural stage named in the section and preserve evidence of compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

1
  1. the mortgagee to withdraw from possession of the mortgaged land shall be in Form 11 in Schedule
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
Variation of forms
(1)

A form, instrument or document under the Act or these Regulations may be modified or altered to suit the circumstances of each case.

(2)

A form, instrument or document under the Act or these Regulations is not invalidated by a deviation or modification which does not affect the substance of the form, instrument or document.

SCHEDULE 1

Currency point s.2, Reg .2

One currency point is equivalent to twenty thousand shillings.

SCHEDULE 2

FORMS Mortgage Instrument s.3, Reg 17

Mortgage Instrument.

Freehold Register Vol.________Fol._______ Leasehold Vol. _____________ Fol._______ Mailo Block________________Plot_______ Customary _________________PIN_______

I, .............................................................................................being the registered proprietor of the land described above, in consideration of the sum of shs. .................. this day lent to me by..............................., (in this Instrument called the mortgagee) agree with the mortgagee as follows:

(1)

to pay to the mortgagee or his or her transferees the principal sum of shs.................................... on the ............day of...................., 20 ..............

(2)

to pay to the mortgagee or his or her transferees so long as the principal sum or any part of it remains unpaid, interest on the sum or on so much of it as shall for the time being remains unpaid at the rate of ............... per cent per year by equal payments on the ................ day of ..................and on the ……… day of ………… in every year.

(3)

to insure the property in the name of the mortgagee.

(4)

(here set forth any special covenants relating to the property mortgaged).................................................................................................. ................................................................................................................... ....................................................................................…………………...

And to secure the payment of the principal sum and interest, I mortgage to the mortgagee all my property and interest in the land described in this Instrument.

Dated this ______ day of _______________, 20 ____.

Signed by Mortgagor In the presence of

Name ……………………………… Name……………………………….

Address………………………….… Address…………………………….

Signature………………………...… Signature ………………………….

Signed by Mortgagee In the presence of

Name ……………………………… Name……………………………….

Address………………………….… Address…………………………….

Signature………………………...… Signature ………………………….

Consent of spouse or child s.5 , 7(6), Reg 19

CONSENT BY THE SPOUSE/ CHILD*

Section analysis Source-linked statutory analysis Source linked
Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.
What this section does
Statutory power

This section confers or regulates the statutory power described as “Variation of forms”.

“(1) A form, instrument or document under the Act or these Regulations may be modified or altered to suit the circumstances of each case.”
Primary legislation Source quotation matched
Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved
Elements or requirements

Operative requirements extracted from the consolidated text.

6
  1. (1) A form, instrument or document under the Act or these Regulations may be modified or altered to suit the circumstances of each case.
  2. (2) A form, instrument or document under the Act or these Regulations is not invalidated by a deviation or modification which does not affect the substance of the form, instrument or document.
  3. (1) to pay to the mortgagee or his or her transferees the principal sum of shs.................................... on the ............day of...................., 20 ..............
  4. (2) to pay to the mortgagee or his or her transferees so long as the principal sum or any part of it remains unpaid, interest on the sum or on so much of it as shall for the time being remains unpaid at the rate of ............... per cent per year by equal payments on the ................ day of ..................and on the ……… day of ………… in every year.
  5. (3) to insure the property in the name of the mortgagee.
  6. (4) (here set forth any special covenants relating to the property mortgaged).................................................................................................. ................................................................................................................... ....................................................................................…………………...
Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Authority status: legislation is primary authority; judgment weight follows the displayed court level and the ratio caveat. Check version history
1. Location of land subject to consent

a) Village/Zone……………………………………………………. b) Parish/Ward……………………………………………………. c) Sub-county/Town………………………………………………. d) County/Division………………………………………………….. e) District…………………………………………………………….

2. Approximate area (ha)…………………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

3. Where the land is registered, state

a) Freehold Register Vol.________Fol.___________ b) Leasehold Vol. _____________ Fol.___________ c) Mailo Block________________Plot___________ d) Customary _________________PIN___________

4. Use or occupation of land (e.g.farming, housing)………………………

………………………………………………………………………… …………………………………………………………………………

5. State the nature of the transaction………………………………………

The text of this section isn't in the consolidation we hold — see the original PDF above.

6. I/We being the spouse(s) /child(ren)* of

the owner of the land described in this Instrument, and forming part of family land which is subject to section 39 of the Land Act grant consent/do not grant consent to the transaction.*

7. Reasons for refusal………………………………………………………

…………………………………………………………………………

Signed by Spouse(s) /Child(ren)* of the mortgagor

Signature………………………………………………………………………

In the presence of

Name.................................................................................................... (Witness)

Designation..........................................................................................................

Address...............................................................................................................

Signature..............................................................................................................

*delete whichever is not applicable

Release of mortgage s.15, Reg 20

RELEASE OF MORTGAGE

Freehold Register Vol.________Fol._______ Leasehold Vol. _____________ Fol._______ Mailo Block________________Plot_______ Customary _________________PIN_______

I, ………………………………………………………………… of P.O. Box ……………………………… being the mortgagee of property comprised in ……………………………………., the mortgage registered on the ………………………… day of ……………………… 20….., under instrument No. ………………………………….. release and discharge the registered proprietor and the land described in this instrument from the obligations or conditions under the mortgage.

Dated this…………………day of …………….20…….

Signed by Mortgagee

Transfer of mortgage. s.17, Reg.21

TRANSFER OF MORTGAGE

Freehold Register Vol.________Fol._______ Leasehold Vol. _____________ Fol._______ Mailo Block________________Plot_______ Customary _________________PIN_______

I, ……………………………………………………….., of P.O. Box ………………………............... being the mortgagee of land described in this instrument and registered under instrument No………………………………., transfer the mortgage and all my interests, rights and obligations under the mortgage to …………………………………of P. O. Box…………………… in consideration of the sum of ……………………………….………. receipt of which I acknowledge.

Dated this…………………day of …………….20…….

Signed by Mortgagee

Transfer of mortgaged land. s.17, Reg.21

TRANSFER OF MORTGAGED LAND (Under section 28 (3)) To The Registrar/Recorder

Freehold Register Vol.________Fol._______ Leasehold Vol. _____________ Fol._______ Mailo Block________________Plot_______ Customary _________________PIN_______

In accordance with section 28(3) of the Mortgage Act, 2009, I, ………………………………….., of P.O. Box ……………………….............. being the mortgagee of land described in this instrument and registered under instrument No……………………………………., transfer the land described in this instrument and all my interests, rights and obligations under that land to ………………………………………of P.O.Box……………………………… in consideration of the sum of ……………………………….………. receipt of which I acknowledge.

Dated this…………………day of …………….20…….

Signed by Mortgagee

Notice of default.

s.19, Reg 22.

NOTICE OF DEFAULT

To ………………………………………. …………………………………….… ……………………………………..... (insert full address of mortgagor)

TAKE NOTICE that you have defaulted on your obligations under the Mortgage executed on the ………….day of…………………20.. as follows: (state the nature of default) ………………………………………………………………………………… ………………………………………………………………………………… TAKE FURTHER NOTICE that in accordance with the Mortgage you are required: (a) to pay the sum of……………………………………………………… (insert amount owing) or (b) to………………………………………………………………………… (state action required of mortgagor)

Within 21 working days from the date of this notice in order to rectify the default.

TAKE FURTHER NOTICE that if the default is not remedied within the time stated in this notice, the mortgagee shall be entitled and will proceed to exercise any of the following remedies;

(a)

appointing a receiver of the mortgaged land;

(b)

leasing/subleasing the mortgaged land; (c) entering into possession of the mortgaged land; or (d) Selling the mortgaged land.

Dated this ..................... day of .......………...20..........

Name of Mortgagee ……………………………………………………………

Notice of intention to appoint a receiver. s.22, Reg23

Mortgage Regulations, 2012

NOTICE OF APPOINTMENT OF A RECEIVER

To ………………………………………….

……………………….…………………

……………………...………………….. (insert full address of the Mortgagor)

TAKE NOTICE that in accordance with section 22 of the Mortgage Act, 2009, the Mortgagee shall after 15 days from the date of receipt of this notice, appoint a receiver in respect of the mortgaged property comprised in ………………………unless the sum of ……………………………………is paid in full to the Mortgagee within that time.

Dated this ............... day of ......………………...20..........

Notice of intention to lease the mortgaged property.

s.23 Reg24

NOTICE OF LEASE OF MORTGAGED PROPERTY

To ………………………………………….

……………………….…………………

……………………...………………….. (insert full address of the mortgagor)

TAKE NOTICE that in accordance with section 23 of the Mortgage Act, 2009, the Mortgagee shall after 15 days from the date of receipt of this notice, proceed to lease the mortgaged property comprised in ……………………………….unless the sum of ……………………………… is paid in full to the Mortgagee within that time.

Dated this ............... day of .......………...20..........

Sale of mortgaged property.

S.26, Reg 25

NOTICE OF SALE OF MORTGAGED PROPERTY

To ………………………………………….

……………………….…………………

……………………...………………….. (insert full address of the Mortgagor)

TAKE NOTICE that in accordance with section 26 of the Mortgage Act, 2009, the Mortgagee shall after 21 working days from the date of receipt of this notice, proceed to sell the mortgaged property comprised in ……………………………………(Insert the description of land and mortgage instrument) unless the sum of ………………………….….is paid in full to the Mortgagee within that time.

Dated this ............... day of .......………...20..........

Taking possession

s.24 Reg 26

NOTICE BY A MORTGAGEE TO TAKE POSSESSION

To ………………………………………….

……………………….…………………

……………………...………………….. (insert full address of the Mortgagor)

TAKE NOTICE that ……………………………………..(insert name of mortgagee) shall after five working days from the date of this notice, proceed to exercise the mortgagee's power to take possession of the mortgaged property comprised in …………………………… in accordance with section 24 of the Mortgage Act, 2009

Dated this ............... day of .......………...20..........

Name of Mortgagee ……………………………………………………………

Withdrawing from possession

s.25, Reg. 27.

NOTICE BY THE MORTGAGEE TO WITHDRAW FROM POSSESSION

To ………………………………………….

……………………….…………………

……………………...………………….. (insert full address of the Mortgagor)

TAKE NOTICE that ………………………….. shall on ……………………., withdraw from possession of the mortgaged property comprised in ……………………………, in accordance with section 25 of the Mortgage Act, 2009.

Dated at ...……………………. this ............... day of .......………...20..........

DAUDI MIGEREKO, Minister of Lands, Housing and Urban Development.

Original Laws of Uganda consolidation (as at 13 January 2012) — public-domain legislation, consolidated by ULII / Laws.Africa (CC BY 4.0). This is a point-in-time text and may not reflect later amendments; confirm against the latest Uganda Gazette before relying on it.