Allan Makula and Others v I-Engineering Uganda Limited (Miscellaneous Application No. 0191 of 2024) [2025] UGHCCD 57 (13 May 2025)
Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 0191 of 2024
Judge
Simon Peter M. Kinobe, J
The High Court of Uganda dismissed an application to stay execution of a consent decree, finding the request premature and procedurally wrong because no appeal, review, or set-aside application was pending.
Mian Aqueel & Anor Vs Exim Bank (U) (Ltd) (MISCELANEOUS APPLICATION NO. 497 OF 2017) [2018] UGHCCD 208 (14 November 2018)
Court
HC: Civil Division (Uganda)
Case number
MISCELANEOUS APPLICATION NO. 497 OF 2017
Judge
Mutonyi, J
The court found that the applicants failed to prove that they had communicated a change of address to the respondent, as the documentary evidence did not show acknowledgment of receipt by the respondent. The applicants continued to use the old address in official communications and transactions, and the respondent was justified in serving the statutory demand at that address. The court held that the applicants did not demonstrate sufficient cause for extension of time to set aside the statutory demand, as the delay was occasioned by their own negligence or mischief. On the substantive issue,…
In Re: Petition For Receiving Order by Uzairu Ahamed Magala (Debtor) (Bankruptcy Petition No. 2 of 2016) [2017] UGCommC 57 (28 April 2017)
Court
Commercial Court of Uganda
Case number
Bankruptcy Petition No. 2 of 2016
The High Court found evidence that the debtor could not pay his debts, but declined to issue a receiving order because no statement of affairs had been filed with the Official Receiver.
Hass Petroleum (U) Ltd v Kariisa & Anor (Miscellaneous Application No. 349 of 2016) [2016] UGCommC 96 (17 October 2016)
Court
Commercial Court of Uganda
Case number
Miscellaneous Application No. 349 of 2016
The application for consolidation is dismissed because the pending bankruptcy petition against the first respondent renders consolidation unnecessary; the applicant's claim is admitted in the bankruptcy proceedings, and any further proceedings against the bankrupt require compliance with the Insolvency Act. The arbitration clause in the dealership agreement is rendered moot by the admission of the debt in the bankruptcy petition, eliminating the need for referral to arbitration. Consolidation would not serve a useful purpose, as the resolution of the applicant's claim will occur within the ba…
Mutesi In Re-a debtor (Bankruptcy Petition No. 5 of 2011) [2012] UGCommC 180 (28 February 2012)
Court
Commercial Court of Uganda
Case number
Bankruptcy Petition No. 5 of 2011
The petitioner, Maria K Mutesi, committed an act of bankruptcy by presenting a bankruptcy petition and declaring her inability to pay debts. Arrest and detention in civil prison do not constitute completed execution under the Bankruptcy Act; therefore, the judgment creditor does not gain priority over other creditors. The High Court has the power to stay execution proceedings upon presentation of a bankruptcy petition, but the order of discharge under the Civil Procedure Act can only be granted by the court executing the decree, not the bankruptcy court. The petitioner's application for disch…
In Re: A Petition by Mohammed Amer Abdel Kaher Mohammed Abdel Magid Nagy (Bankruptcy Petition No. 8 of 2002) [2004] UGCommC 38 (16 November 2004)
Court
Commercial Court of Uganda
Case number
Bankruptcy Petition No. 8 of 2002
The High Court refused a bankruptcy receiving order because the petitioner had not filed a statement of affairs with the official receiver as required.
Official Receiver v Barreto (Civil Appeal No. 22 of 1938) [1939] EACA 25 (1 January 1939)
Court
East African Court of Appeal
Case number
Civil Appeal No. 22 of 1938
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The Court held that section 43(2) of the Bankruptcy Ordinance, 1930, is clear and unambiguous: when goods are sold in execution of a judgment for more than four hundred shillings, the bailiff must retain the proceeds for 14 days. If, within that period, notice of a bankruptcy petition is received, the bailiff is required to hand the proceeds (less execution costs) to the Official Receiver, who retains them for the benefit of all creditors. The completion of execution by sale does not vest the proceeds in the execution creditor if bankruptcy proceedings are initiated and notice is given within…
Markus v Czeczowiczka (C.A. 36/1933.) [1937] EACA 17 (1 January 1937)
Court
East African Court of Appeal
Case number
C.A. 36/1933.
Judge
Abrahams CJ, Ag P (Uganda), Horne J, Sheridan CJ
The Court of Appeal held that under Order XIX, Rule 37, the power to commit a judgment debtor for non-payment of a decretal amount is limited to circumstances where there is an order to pay a specific sum that the debtor is shown to be capable of paying, and there is a refusal or neglect to pay that sum. The rule relates to the whole amount of the decree unless an instalment order is made. In the present case, there was no order for payment by instalments, and no sufficient evidence that the debtor had the means to pay the whole decretal amount. The English authority of In re Fryer, decided u…
Official Receiver v Colonial Blanket Syndicate (Bankruptcy Cause No. 31/1936) [1936] EACA 132 (1 January 1936)
Court
East African Court of Appeal
Case number
Bankruptcy Cause No. 31/1936
Judge
Webb, J
The Registrar was correct to limit the recoverable costs against the unsuccessful defendants to the amount the Official Receiver was himself liable to pay his advocate, as established by their agreement. Costs are an indemnity, not a penalty or bonus, and the successful party cannot recover more than his actual liability. The Registrar's jurisdiction includes assessing whether the work was done and was necessary, and he is entitled to consider the agreement between the advocate and the Official Receiver. Strict compliance with Bankruptcy Rule 83 is required, and the parties to the litigation…
Mohamed v El-Amri and Another (C.A. 8/1934) [1935] EACA 15 (1 January 1935)
Court
East African Court of Appeal
Case number
C.A. 8/1934
Judge
Abrahams CJ, Ag P (Uganda), Law, C.J (Zanzibar), Lucie-Smith Ag CJ (Kenya)
The court held that a receiving order under the Bankruptcy Ordinance requires facts justifying committal, and allowed appeal against both receiving and adjudication orders.
