Negash Tenaye Anteneh a 69-year-old mother and her children are celebrating getting a relief after their star lawyers led by Derrick Bazekuketta and Abubaker Ssekanjako of Olympia Advocates secured for them a Court order stopping NCBA bank and its agents from auctioning their multimillion matrimonial family home.
The Commercial law giants through their legal arguments convinced Justice Patience Rubagumya of the Commercial Division of the High Court that there is an urgent need to protect the family property as court examines the pending suit where they are challenging the legality of the mortgage which resulted into the auctioning threats.
Basing on the affidavit evidence of their client Negash, the lawyers confirm before Court that she did not give her consent when her husband Enaye Anteneh was using their property as a security to secure a loan which the bank is fronting to attach their said property.
According to Court documents, Negash got married to Enaye in October, 1969 (Ethiopian Calendar) and there after, they both came to Uganda where they bought land.
More Read
In 2004, they started constructing their matrimonial home on the land comprised in Kyadondo Block 220 Plot 850 at Kiwatule which was completed in 2005.
She explained to court that because they were officially married and she had a lot of trust in her husband, she accepted their land title to be registered in his names and they have been living in the said home for 20 years with their five children without any disturbances until October 2025 when her friend a one Tewabe Agumasie shocked her with a newspaper advert showing that their home was on sale and the bank was looking for potential buyers.
With the lawyer’s guidance, she accused the bank of fraudulently creating and registering a mortgage over the suit property without carrying out due diligence noting that if it had been done it, they would have found out that the suit property was her matrimonial home and ordinary residence that was subject to spousal consent before any mortgage transaction was made on it.
“She is 69 years old, has lived in her matrimonial home for over 20 years and has financial, emotional and sentimental attachment as well as profound family memories spanning over 20 years of occupying the suit property,” the lawyers told court.
The lawyers told court that immediately after their client got to know about the mortgage, loan and consent judgment on 19th November, 2025, without delay, they filed a case challenging the legality of the entire transaction on 10th December, 2025 which the bank and her husband were performing on their matrimonial home.
“Considering the circumstances of this case, I find that this application was made without unreasonable delay,” the judge stated in her ruling.
The judge was further convinced that there was a threat on the family property, and agreed with her lawyers that it was necessary to stay the process of auctioning the said property until her suit before the same court was determined.
The judge further dismissed the bank’s prayer to force the applicant to deposit security for costs noting that under the circumstances and the nature of the application, and the fact that there is a pending suit challenging the mortgage created on the suit property, she cannot subject her to such an order.
