Uganda Case Law

In Re: Conceicao Piedade Joanes;

In Re: Conceicao Piedade Joanes; (Cause No. 38 of 1937) [1944] EACA 10 (1 January 1944)

Court

East African Court of Appeal

Case number

Cause No. 38 of 1937

Judge

Bartley J

The court held that where an order of discharge is made but suspended for a stated period, and the discharge order does not expressly require continuation of monthly payments previously ordered, the bankrupt's liability to pay such sums ceases at the date of the order granting discharge subject to suspension. The punishment imposed by the court was the suspension of discharge, not the continuation of payment obligations. The debtor is therefore only liable for payments up to the date of the discharge order, not until the discharge takes effect after the suspension period.

Source excerpt

• Bankruptcy Discharge
• Payment Obligations During Bankruptcy

Re: Prem Singh

Re: Prem Singh (Bankruptcy Cause No. 4 of 1941) [1943] EACA 84 (1 January 1943)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 4 of 1941

Judge

Bartley J

The court held that an Official Receiver’s bankruptcy report must state the facts relied on, not just conclusions, so the bankrupt can dispute them under Rule 188.

• Bankruptcy Discharge
• Official Receiver Report
• Notice Of Dispute
• Procedural Fairness
• Bankruptcy-discharge
• Official-receiver-report

Re: Sharaf Din so Faquir Mohamed

Re: Sharaf Din so Faquir Mohamed (Bankruptcy Cause No. 60 of 1928) [1938] EACA 174 (1 January 1938)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 60 of 1928

Judge

Sheridan CJ

The court held that a bankrupt whose discharge had been absolutely refused could not make a fresh de novo application for discharge and dismissed the application.

• Bankruptcy Discharge
• Application De Novo
• Absolute Refusal
• Review And Appeal Procedure
• Bankruptcy-discharge
• Bankruptcy-procedure

In Re: Mohamed Din Buta

In Re: Mohamed Din Buta (Bankruptcy Cause No. 74/1931) [1938] EACA 203 (1 January 1938)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 74/1931

Judge

Sheridan CJ

The court suspended a bankrupt’s discharge for three years, holding that bankruptcy law must be vindicated without imposing vindictive punishment.

• Bankruptcy Discharge
• Conditional Discharge
• Creditor Opposition
• Official Receiver Role
• Bankruptcy-discharge
• Conditional-discharge

In Re: Dahyabhai Desaibhai Patel

In Re: Dahyabhai Desaibhai Patel (Bankruptcy Cause No. 14/32) [1935] EACA 140 (1 January 1935)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 14/32

Judge

Gamble. Ag. J. (Kenya)

The court held that non-proving creditors may oppose a bankrupt’s discharge application, but dismissed this application as premature and awarded costs.

• Bankruptcy Discharge
• Creditor Opposition
• Practice And Procedure
• Bankruptcy-discharge
• Creditor-opposition
• Bankruptcy-procedure