Uganda Case Law

Official Receiver v Bhurabhai

Official Receiver v Bhurabhai (Civil Appeal No. 1 of 1939) [1939] EACA 21 (1 January 1939)

Court

East African Court of Appeal

Case number

Civil Appeal No. 1 of 1939

Judge

Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ

The appellate court held that the discharge of the summons for private examination was not justified on either ground advanced by the respondent. The law does not require that a copy of the application be attached to the summons or that information be disclosed to the respondent, as such disclosure could undermine the purpose of the examination. The application for directions under section 78(3) was sufficient for the Judge to order the issue of the summons, and no further application under Rule 74 was necessary. Furthermore, Rule 385 of the Bankruptcy Rules provides that non-compliance with…

Source excerpt

• Bankruptcy Examination
• Procedural Irregularity
• Summons Issue
• Court Directions
• Costs Award

In Re: Mohamed Bux and Son ((Bankruptcy Cause No. 29/1933.))

In Re: Mohamed Bux and Son ((Bankruptcy Cause No. 29/1933.)) [1934] EACA 19 (1 January 1934)

Court

East African Court of Appeal

Case number

(Bankruptcy Cause No. 29/1933.)

Judge

Horne J

The court refused a trustee’s application for costs against examinees summoned under section 27 of the Bankruptcy Ordinance, holding the request was premature.

• Bankruptcy Examination
• Costs Liability
• Witness Status Under Bankruptcy
• Court Discretion On Costs
• Bankruptcy
• Costs