Court name
Supreme Court of Uganda
Case number
Civil Appeal-2005/9
Judgment date
14 March 2006

General Parts (U) Ltd and Ors v Non-Performing Assets Recovery Trust (Civil Appeal-2005/9) [2006] UGSC 3 (14 March 2006);

Cite this case
[2006] UGSC 3
Short summary:
Civil Procedure, Principles, Res Judicata, Property Law, Mortgage, loans and bonds, Mortgage

IN THE SUPREME COURT OF UGANDA

AT MENGO

Coram: Odoki C.J., Tsekooko, Karokora, Mulenga, and Katurebe JJ.S.C.

 

CIVIL APPEAL NO.9 OF 2005

 

BETWEEN

 

  1. GENERAL PARTS (U) LTD.

  2. HARUNA SEMAKULA :::::::::::::::::::::::::::::::::::APPELLANTS

 

AND

 

NON-PERFORMING ASSETS RECOVERY TRUST:::::::RESPONDENT

[Appeal from the judgment of the Court of Appeal (Okello, Mpagi-Bahigeine & Byamugisha JJ.A) in Civil Appeal No.49/04 dated 19th August 2005]

 

JUDGMENT OF MULENGA JSC.

 

This appeal originates from a suit instituted in the Non-Performing Assets Recovery Tribunal, hereinafter referred to as “the Tribunal”, by the above-named respondent. The respondent sued as an assignee of a non performing asset in form of a debt of shs.2, 288,821,473/- that the 1st appellant above-named owed to Uganda Commercial Bank, hereinafter referred to as