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Uganda decisions
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Central Purchasing Co Ltd v Hon Col Kahinda Otafire (Bankruptcy Cause No. 23 of 2004) [2004] UGCommC 34 (11 October 2004)
The High Court held that failure to comply with a bankruptcy notice amounted to an act of bankruptcy because no valid counterclaim or set-off was shown.
Nanji v Ex Parte the Creditors D.R. Gandhi and Co (Bankruptcy Cause No. I of 1938) [1938] EACA 176 (1 January 1938)
The court found that the debtor's manager, acting under explicit instructions from the debtor, gave notice to the creditors of the suspension of payment, thereby committing an act of bankruptcy on behalf of the debtor. The court distinguished prior case law that required personal acts where not authorized, holding that agency is sufficient where the agent acts with the debtor's authority. Furthermore, substituted service of the petition on the debtor's agent was deemed valid, as the debtor received actual notice and had ample time to respond. The court relied on statutory provisions and relev…
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In Re: Aleixo Conceicao Fernandes (Bankruptcy Cause No. 20/1936) [1936] EACA 143 (1 January 1936)
The court held that the existence of orders attaching the debtor's salary, which had not been implemented or realized upon, did not constitute a stay of execution within the meaning of section 3(1)(g) of the Bankruptcy Ordinance, 1930. The creditor had not taken steps to serve the attachment orders on the debtor's employer, and thus the orders were in abeyance and ineffective. The debtor had failed to comply with the bankruptcy notices and had not satisfied the Court as to any counter-claim or set-off. The court found that the requirements for an act of bankruptcy were met, and that the credi…
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