A-tec Industries (Uganda) Ltd & Anor v Gunter & (Misc. Application No.55/2012)
A-tec Industries (Uganda) Ltd & Anor v Gunter & (Misc. Application No.55/2012) [2012] UGHC 248 (20 November 2012)
The Objector failed to establish actual or constructive possession of the attached property at the date of attachment. The Memorandum of Understanding relied upon was not a legally binding agreement for assignment of sublease or goods, as it was executed before the Objector company was incorporated and lacked the necessary formalities of a deed and registration. The supporting affidavit was void, as it was not sworn on behalf of the Objector company and there was no Board Resolution authorizing the proceedings. The Objector and judgment debtors were found to be essentially the same persons op…
Source excerpt
- Attachment And Execution
- Company Secretary Authority
- Board Resolution Requirement
- Memorandum Of Understanding
- Assignment Of Sublease
- Wasted Costs Order