Related documents
- Is commenced by Mortgage Act (Commencement) Instrument, 2011
- Amends Registration of Titles Act
- Repeals Mortgage Act
Uganda
Mortgage Act
Chapter 239
- Published in Uganda Gazette 53 on 30 October 2009
- Assented to on 29 September 2009
- Commenced on 2 September 2011 by Mortgage Act (Commencement) Instrument, 2011
- [This is the version of this document at 31 December 2023.]
- [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
Part I – Preliminary
1. Interpretation
In this Act, unless the context otherwise requires—“civil debt recoverable summarily” means a civil debt recoverable summarily in a court of competent jurisdiction;“court” means a court, not lower than a grade I magistrates court including a land tribunal, having jurisdiction to hear a case with regard to the value and location of the subject matter;“currency point” has the value assigned to it in Schedule 1 to this Act;“customary land tenure” has the meaning given to it by the Land Act;“extortionate” means calculated to obtain property from another induced by wrongful use of actual or threatened force, violation or fear under colour of official right;“freehold land tenure” has the meaning given to it by the Land Act;“informal mortgage” means a written and witnessed undertaking, the clear intention of which is to charge the mortgagor’s land with the repayment of money or money’s worth obtained from the mortgagee and includes an equitable mortgage and a mortgage on unregistered customary land;“land tenure” means a system of holding land and includes customary land tenure, freehold land tenure, leasehold land tenure and mailo land tenure;“leasehold land tenure” has the meaning given to it by the Land Act;“lien by deposit of documents” means the deposit of any documents referred to in section 2(8)(b);“mailo land tenure” has the meaning assigned to it by the Land Act;“matrimonial home” means a building or part of a building in which a husband and wife or, as the case may be, wives and their children, if any, ordinarily reside together and includes—(a)where a building and its curtilage are occupied primarily for residential purposes, that curtilage and outbuildings on it; and(b)where a building is on or occupied in conjunction with agricultural land or pastoral land, any land allocated by one spouse to his or her spouse or in the case of a husband, to his spouses for his, her, or their exclusive use;“mediator” has the meaning assigned to it by section 86 of the Land Act;“Minister” means the Minister responsible for lands;“mortgage” includes any charge or lien over land or any estate or interest in land in Uganda for securing the payment of an existing or future or a contingent debt or other money or money’s worth or the performance of an obligation and includes a second or subsequent mortgage, a third party mortgage and a submortgage;“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;“receiver” means a receiver, or a manager, or a receiver and manager in respect of any land, and includes any person appointed as receiver—(a)by or under any document; or(b)by the court in the exercise of a power to make such an appointment given by any Act or any rule of court, or in the exercise of its inherent jurisdiction,whether or not the person appointed is empowered to sell any of the property in receivership, and includes a sole receiver or two or more receivers and any successor in office of a receiver;“recorder” means a recorder appointed under the Land Act;“Registrar of Titles” means the Registrar of Titles appointed under the Registration of Titles Act;“submortgage” means a mortgage of a mortgage;“surety” means a person who offers security in the form of money or money’s worth to ensure the payment of any money secured by a mortgage and includes a guarantor;“third party mortgage” means a mortgage which is created or subsists to secure the payment of an existing or future or a contingent debt or other money or money’s worth or the fulfilment of a condition by a person who is not the mortgagor, whether or not in common with the mortgagor;“trustee”, in relation to a bankruptcy and the bankrupt, means the trustee of the bankrupt’s estate;“unconscionable” means unfair or oppressive, involving procedural abuses relating to terms of contract where the terms of the contract violate reasonable expectations of the parties;“working day” means any day other than a Saturday, Sunday or a public holiday.Part II – General
2. Power to create mortgages
3. Duty to disclose information
4. Mortgage of matrimonial home
5. Consent to mortgage of matrimonial home
6. Application of Act to mortgages on customary land
7. Mortgage of land to take effect as security only
8. Priority
9. Tacking
10. Consolidation
11. Variation of mortgage
12. Suits by mortgagor
Part III – Discharge and release of mortgages
13. Right to discharge
14. Release of mortgage
15. Deposit of mortgage money where mortgagee cannot be found
16. Transfer of mortgage
Part IV – Covenants, conditions and powers implied in mortgages
17. Implied covenants by mortgagor
Part V – Powers of mortgagee
18. Notice on default
19. Remedies of mortgagee
Where the mortgagor is in default and does not comply with the notice served on him or her under section 18, the mortgagee may—20. Mortgagee's action for money secured by mortgage
21. Appointment, powers, remuneration and duties of receiver
22. Power of mortgagee to lease
23. Power of mortgagee to take possession of mortgaged land
24. Withdrawal of mortgagee from possession
25. Power of sale of mortgagee
26. Duty of mortgagee exercising power of sale
27. Powers incidental to power of sale
28. Protection of purchaser
29. Sale by mortgagee to himself or herself
30. Application of proceeds of sale of mortgaged land
31. Right of mortgagor to discharge mortgage on payment of sums due any time before sale
Part VI – Powers of court with respect to mortgages
32. Application for relief by mortgagor
33. Power of court to review certain mortgages
Where a mortgage has been obtained—34. Application to court to exercise power under section 33
35. Exercise of power under section 33 to review certain mortgages
36. Extinction of certain rights
37. Registrar of Titles may issue special certificate of title to mortgagor
Part VII – Miscellaneous
38. Offences and penalties
39. Short form of covenant by mortgagor to insure
40. Regulations
41. Power to amend Schedule 1
The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act.42. Application of common law and doctrines of equity
The rules of common law and the doctrines of equity applicable to mortgages shall apply in accordance with the Judicature Act, except insofar as they are inconsistent with this Act.History of this document
31 December 2023 this version
Chapter 239
Revised Laws 2023
Consolidation
02 September 2011
Commenced by
Mortgage Act (Commencement) Instrument, 2011
30 October 2009
29 September 2009
Assented to
Cited documents 1
Act
1Documents citing this one 226
Judgment
218
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Gazette
7Parliamentary Debate
1Subsidiary legislation
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Statutory Instrument 2 of 2012 |