Uganda Mirror
  • Big Story
  • News
  • Crime
  • Gossip
  • Politics
  • Business
  • Sports
  • Love & Relationships
  • World
No Result
View All Result
SUBSCRIBE
Uganda Mirror
  • Big Story
  • News
  • Crime
  • Gossip
  • Politics
  • Business
  • Sports
  • Love & Relationships
  • World
No Result
View All Result
Uganda Mirror
No Result
View All Result
Home Big Story

HOUSING FINANCE BANK EXPOSED: Court Tears Apart Illegal Foreclosure, Declares Sale Of Family Home Unlawful

admin by admin
in Big Story
0
HOUSING FINANCE BANK EXPOSED: Court Tears Apart Illegal Foreclosure, Declares Sale Of Family Home Unlawful
74
SHARES
1.2k
VIEWS
Share on FacebookShare on Twitter

KAMPALA – Housing Finance Bank has suffered a major legal blow after the Commercial Court found that the bank unlawfully sold a family’s mortgaged property through what the judge described as a flawed, negligent and bad-faith foreclosure process that violated Uganda’s mortgage laws.

You might also like

Government to Roll Out Collaborative Procurement Reform To Cut Waste And Curb Corruption

Museveni Unveils Sweeping New Cabinet In Major Government Shake-Up

Arsenal fan killed after clash with Manchester United supporter In Kampala

In a landmark judgment delivered on May 31, 2026, the Commercial Court ruled in favor of Barnabas Samuel Aliku and Christine Mutesi Aliku, finding that although the couple had fallen into loan arrears, Housing Finance Bank illegally exercised its power of sale and failed in its statutory duty to protect the borrowers’ interests.

The court accused the bank of conducting a foreclosure process riddled with procedural irregularities, including defective service of notices, reliance on a questionable valuation, stale advertisements, lack of transparency during the auction process and selling the property at what the court termed a gross undervalue.

At the center of the dispute was a residential property that Housing Finance Bank sold for UGX 135 million after claiming the borrowers were in default on their mortgage repayments. The bank later asserted that even after the sale, the borrowers still owed it UGX 15.5 million.

However, the court found that the bank’s own conduct created the alleged deficit.

The judgment revealed that the Alikus had identified a buyer willing to purchase the property for UGX 235 million, a figure that would have fully cleared the loan and left them with a substantial surplus. Yet Housing Finance Bank proceeded with a sale at UGX 135 million, effectively accepting a price that was UGX 100 million lower than an available offer.

The judge did not mince words.

“This discrepancy of UGX 100 million is not a mere margin of error but a gross undervaluation that shocks the conscience of this Court,” the ruling stated.

Notices Questioned

A major issue in the case was whether Housing Finance Bank properly served statutory notices before selling the property.

The borrowers argued they never received the notices required by law and maintained that the bank continued sending correspondence to an old Ugandan postal address despite being informed that they were living in the United Kingdom.

During cross-examination, the bank’s witness admitted he could not confirm the contents of envelopes allegedly sent through registered mail. The court found this evidence insufficient and ruled that the bank failed to prove proper service of critical foreclosure notices.

The judge observed that ambushing borrowers with news of a completed sale without properly notifying them undermines their legal right to redeem mortgaged property.

Auction Process Under Fire

The court also questioned the transparency of the auction process itself.

Evidence showed that only two bidders participated in the auction. More damaging for Housing Finance Bank was the revelation that it failed to produce documentary records of competing bids when challenged in court.

According to the judgment, the bank’s witness admitted that the auction was essentially an “internal process” and could not produce bid documents to verify how the winning bidder was selected.

The court found such conduct inconsistent with the transparency required in mortgage sales and concluded that the bank had failed to demonstrate that it obtained the best possible price for the property.

Tenant’s Role Raises Suspicion

Adding another controversial twist, the property was ultimately purchased through a company linked to the family’s tenant.

The court noted that the tenant had prior knowledge of the owners’ financial struggles and their efforts to secure a higher-paying buyer. Evidence showed that shortly after receiving notice of impending vacant possession, the tenant moved swiftly to submit an offer for the property.

The judgment stated that the rapid sequence of events created an overwhelming appearance of collusion and suggested the sale resembled a negotiated private transaction disguised as a public auction.

The court observed that the tenant appeared to have benefited from insider knowledge regarding the foreclosure process while the property owners remained unaware that their home had already been sold.

Bank’s Claim for Outstanding Debt Rejected

Perhaps the most devastating blow for Housing Finance Bank was the court’s rejection of its claim that the borrowers still owed more than UGX 15 million after the sale.

The judge held that the alleged debt was entirely a product of the bank’s failure to obtain the property’s true market value. Had the bank exercised reasonable care and sold the property at its demonstrated value, the mortgage would have been fully extinguished and the borrowers would likely have received a significant balance from the proceeds.

“The alleged debt is not a true debt but a negligence-induced deficit,” the court ruled.

In a stinging rebuke, the judge concluded that Housing Finance Bank “cannot recover that which it lost through its own howlers and recklessness.”

The court further found that the borrowers had continued making payments in good faith and were actively seeking ways to redeem the property when the bank proceeded with the sale.

Landmark Ruling

In the final decision, the court declared the sale unlawful, describing it as negligent, conducted at a gross undervalue and in breach of mandatory provisions of the Mortgage Act and accompanying regulations.

The bank’s counterclaim for the alleged outstanding balance was dismissed in its entirety, with the court ruling that the borrowers were no longer indebted to Housing Finance Bank.

Instead, the judgment suggested that the bank’s actions had deprived the homeowners of substantial equity that should have accrued to them had the property been sold at its proper market value.

The ruling is expected to send shockwaves through Uganda’s banking and mortgage sector, serving as a stern warning that financial institutions cannot ignore statutory safeguards when enforcing mortgages and must act transparently, fairly and in good faith when disposing of borrowers’ properties.

Legal observers say the judgment reinforces the principle that while banks have a right to recover loans from defaulting customers, that power is not absolute and must be exercised within the strict confines of the law. Failure to do so can render an entire foreclosure process unlawful and expose lenders to significant legal consequences.

Tags: Barnabas Samuel AlikuChristine Mutesi AlikuFeaturedHousing Finance BankUganda News
Share30Tweet19
admin

admin

Recommended For You

Government to Roll Out Collaborative Procurement Reform To Cut Waste And Curb Corruption

by admin
June 2, 2026
0
Government to Roll Out Collaborative Procurement Reform To Cut Waste And Curb Corruption

The government is set to introduce a major overhaul of its public procurement system beginning July 1, 2026, with all Ministries, Departments and Agencies (MDAs) and Local Governments...

Read moreDetails

Museveni Unveils Sweeping New Cabinet In Major Government Shake-Up

by admin
May 26, 2026
0
Museveni Doctor Reveals He Tested Positive For COVID, Says President In ‘Robust Health’

Museveni Unveils Sweeping New Cabinet in Major Government Shake-Up President Yoweri Kaguta Museveni has unveiled a new Cabinet in a far-reaching government reshuffle that has seen several senior...

Read moreDetails

Arsenal fan killed after clash with Manchester United supporter In Kampala

by admin
May 25, 2026
0
Arsenal fan killed after clash with Manchester United supporter In Kampala

What was supposed to be another noisy evening of football celebrations in Bakuli instead turned into a real-life Premier League crime documentary after an argument between supporters of...

Read moreDetails

MUSEVENI: Mr. Mwenda, Thank You For Declaring Me Senile And Incapable Of Judging Right

by admin
May 23, 2026
0
MUSEVENI: Mr. Mwenda, Thank You For Declaring Me Senile And Incapable Of Judging Right

You will, however, discover that at 82, I am still able to defend Uganda and myself with the Bible, the AK-47 and the pen. You are supposed to...

Read moreDetails

Fuel Prices Set To Rise As Energy Ministry Issues Warning

by admin
May 22, 2026
0
Fuel Prices Set To Rise As Energy Ministry Issues Warning

Ugandans should prepare for another wave of rising fuel prices after the government warned that mounting global economic pressures and escalating tensions in the Middle East are driving...

Read moreDetails
Next Post
Uganda Hosts Ethiopian Delegation On Landmark Tourism Familiarization Tour

Uganda Hosts Ethiopian Delegation On Landmark Tourism Familiarization Tour

Please login to join discussion

Related News

Northern Uganda Cattle Farmers Decry Evictions, Cite Economic Disruption and Legal Injustice

Northern Uganda Cattle Farmers Decry Evictions, Cite Economic Disruption and Legal Injustice

June 23, 2025
Why Some People Cannot Seem To Stop Themselves From Cheating

I Love Mc Kats So Much — Singer Fille

January 28, 2020
Tayebwa Wants Ban Of Adverts For Substandard Products

Uganda’s Debt Distress Worries MPs

September 1, 2022
Together, Our Music is Unstoppable: MTN Backs Halima Namakula’s Living Legends Gala

Unstoppable Beats: MTN and MoMo Power 50 Years of Halima Namakula, Bugembe’s Gospel Journey & Uganda’s Music Legacy

July 25, 2025
Gaaga Bus Involved In Accident, 19 Confirmed Dead

Museveni Gives Money to Kiryandongo Accident victims

May 29, 2018
NRM ‘Rebel’ MPs Meet Museveni, Seek Pardon

NRM ‘Rebel’ MPs Meet Museveni, Seek Pardon

July 17, 2020

Popular Stories

  • Uganda Law Society Drops Neutrality, Endorses Opposition Candidates For 2026

    Uganda Law Society Drops Neutrality, Endorses Opposition Candidates For 2026

    3364 shares
    Share 1346 Tweet 841
  • Peace Must Translate Into Prosperity, Museveni Tells Lwengo Voters

    2294 shares
    Share 918 Tweet 574
  • Court Dismisses Walukagga Petition, Upholds His Removal From Busiro East Race

    2276 shares
    Share 910 Tweet 569
  • Court Finds Walukaga’s Academic Papers Died Peacefully In June

    2255 shares
    Share 902 Tweet 564
  • Museveni Attends Pearl of Africa Tourism Expo 2026 as Uganda Pushes Tourism Growth Agenda

    2159 shares
    Share 864 Tweet 540
  • All Stolen Bank Of Uganda Laptops Recovered As Police Arrest Four Suspects

    1981 shares
    Share 792 Tweet 495
  • MUSEVENI: Mr. Mwenda, Thank You For Declaring Me Senile And Incapable Of Judging Right

    1907 shares
    Share 763 Tweet 477
Facebook Twitter Instagram Youtube
Uganda Mirror

Uganda's leading source News in categories of Politics Gossip Crime Sports Business Technology & Education

© 2025 Ug Mirror - A Product of Mirror Digital Limited .

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “ACCEPT ALL”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsREJECT ALLACCEPT ALL
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
No Result
View All Result
  • Big Story
  • News
  • Crime
  • Gossip
  • Politics
  • Business
  • Sports
  • Love & Relationships
  • World

© 2025 Ug Mirror - A Product of Mirror Digital Limited .

This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.
Not enough quota to unlock this post
Unlock left : 0
Are you sure want to cancel subscription?