Uganda Case Law

Jetha v Singh

Jetha v Singh (Civil Appeal 2/1931.) [1931] EACA 1 (1 January 1931)

Court

East African Court of Appeal

Case number

Civil Appeal 2/1931.

Judge

Griffin CJ, Law, Ag. J. (Tanganyika), Pickering, C.J. (Zanzibar)

The court held that while section 101 of the Bankruptcy Ordinance, 1926, grants wide discretion to award costs in bankruptcy proceedings, such discretion is judicial and must be exercised on fixed principles. The learned judge's order directing the trustee to pay the respondent's costs out of the bankruptcy estate was not competent, as the respondent's application was dismissed and no right to costs arose. The principles governing costs in bankruptcy proceedings are aligned with those in civil cases, and the court cannot order costs against a party who has succeeded. The appeal was allowed, a…

Source excerpt

• Bankruptcy Costs
• Judicial Discretion
• Costs Award Principles