THE RISKS OF DEFECTIVE EXECUTION OF LOAN AND MORTGAGE INSTRUMENTS

Global Capital Save (2004) Ltd & Ben Kavuya v Alice Okiror & Another

On 22 September 2026, the Supreme Court of Uganda, by a majority of four to one, dismissed the appeal of Global Capital Save (2004) Ltd and its Managing Director. The Court upheld the concurrent findings of the High Court and the Court of appeal that a registered legal mortgage was void for improper execution, lack of attestation and the absence of spousal consent. This alert sets out the implications of the decision for financial, credit and microfinance institutions in Uganda.

KTA

Name: Priscilla Musimenta Position: Information Technology Administrator KTA Advocates Specialisation: Software Engineering, Cybersecurity, Networking, General IT support.

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