Uganda Case Law

Mutesi In Re-a debtor

Mutesi In Re-a debtor (Bankruptcy Petition No. 5 of 2011) [2012] UGCommC 180 (28 February 2012)

Court

Commercial Court of Uganda

Case number

Bankruptcy Petition No. 5 of 2011

The petitioner, Maria K Mutesi, committed an act of bankruptcy by presenting a bankruptcy petition and declaring her inability to pay debts. Arrest and detention in civil prison do not constitute completed execution under the Bankruptcy Act; therefore, the judgment creditor does not gain priority over other creditors. The High Court has the power to stay execution proceedings upon presentation of a bankruptcy petition, but the order of discharge under the Civil Procedure Act can only be granted by the court executing the decree, not the bankruptcy court. The petitioner's application for disch…

Source excerpt

• Bankruptcy Proceedings
• Receiving Order
• Acts Of Bankruptcy
• Stay Of Execution
• Creditor Priority

In the matter of a Petition for a receiving Order by Thomas I. Kato ( A Debtor)

In the matter of a Petition for a receiving Order by Thomas I. Kato ( A Debtor) (Bankruptcy Petition 13 of 2002) [2002] UGCommC 24 (11 October 2002)

Court

Commercial Court of Uganda

Case number

Bankruptcy Petition 13 of 2002

Judge

Ogoola James, j

The High Court granted Thomas I. Katto a receiving order after finding he met the Bankruptcy Act requirements, but refused a stay of proceedings for lack of reasons.

• Bankruptcy Petition
• Receiving Order
• Debtor Initiated Bankruptcy
• Proof Of Indebtedness
• Acts Of Bankruptcy
• Bankruptcy-petition

Markus v Czeczowiczka (C.A. 34/1933.)

Markus v Czeczowiczka (C.A. 34/1933.) [1937] EACA 34 (1 January 1937)

Court

East African Court of Appeal

Case number

C.A. 34/1933.

Judge

Abrahams CJ, Ag P (Uganda), Horne J, Sheridan CJ

The Court of Appeal for Eastern Africa set aside a bankruptcy notice where the creditor’s own conduct had hindered payment of the judgment debt.

• Bankruptcy Notice
• Acts Of Bankruptcy
• Equitable Interpretation
• Attachment Before Judgment
• Bankruptcy-notice
• Acts-of-bankruptcy