By Mulengera Reporters
Housing Finance Bank has formally challenged the High Court decision concerning the sale of a mortgaged property in Najjera, filing a Notice of Appeal on 10 June 2026. The matter is now before the Court of Appeal, where the Bank is seeking a review of key findings made in the High Court judgment.
A central issue in the appeal is the conclusion that the property was sold at an undervalue. Housing Finance Bank is contesting the basis of that finding, arguing that the evidence relied upon by the High Court included an alleged offer whose details were not sufficiently established during proceedings.
The Bank’s appeal highlights that, during cross-examination, the witness associated with the alleged offer was unable to identify the person who made the offer, confirm when it was made, or produce documentary evidence to verify its existence. Housing Finance Bank argues that these gaps raise important questions about the reliability and weight that should have been attached to the alleged offer in determining the property’s value.
According to sources, the Bank maintains that it exercised its statutory rights in accordance with the applicable mortgage laws and that the issues raised in the High Court judgment require further examination by the appellate court. The appeal seeks clarity on the interpretation and application of the legal standards governing mortgage enforcement and property sales.
The original dispute arose from a mortgage facility granted to Barnabas Samuel Aliku and Christine Mutesi Aliku in 2009, secured by property in Kyadondo Block 219 Plot 1138, Najjera. Following alleged loan repayment challenges, Housing Finance Bank exercised its statutory power of sale, leading to litigation over the validity of the transaction.
While the High Court found in favour of the plaintiffs and raised concerns regarding valuation and notice requirements, Housing Finance Bank has maintained that the matter should be fully considered through the appellate process. The Court of Appeal will now examine the grounds raised by the Bank and determine the appropriate legal outcome.
As the appeal proceeds, Housing Finance Bank remains confident that the appellate review will provide a comprehensive assessment of the evidence, the applicable law, and the circumstances surrounding the sale. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
