Nkabirwa v Vegol Ltd
Nkabirwa v Vegol Ltd (Miscellaneous Application No. 1003 of 2021) [2022] UGCommC 8 (24 January 2022)
The court found that the applicant had demonstrated genuine inability to pay his debts and had taken the necessary step of filing a bankruptcy petition. While arrest and detention are lawful modes of execution, they serve no purpose if the debtor is genuinely unable to pay. Section 40(4) of the Civil Procedure Act requires the court to release a judgment debtor who expresses intention to apply for insolvency and furnishes security. The applicant met these requirements by filing Bankruptcy Petition No. 4 of 2021. The court overruled the respondent's preliminary objections regarding affidavit d…
Source excerpt
- Bankruptcy Petitions
- Stay Of Execution
- Civil Prison Release
- Insolvency Procedure