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1 Jan 1940

Banking And Finance [1940] EACA 5

Soni v Official Receiver, Uganda

Soni v Official Receiver, Uganda (Civil Appeal No. 7 of 1940) [1940] EACA 5 (1 January 1940)

Court: East African Court of Appeal
Case number: Civil Appeal No. 7 of 1940
Judge: Sheridan CJ, Webb CJ, Whitley CJ

The Court held that the production of a demand promissory note is prima facie evidence of a debt in bankruptcy proceedings, and the burden shifts to the Official Receiver to demonstrate circumstances justifying rejection. The appellant was denied the opportunity to cross-examine the debtor and to adduce evidence in the High Court, which was a procedural error. The right to cross-examine and to present evidence is fundamental where the Official Receiver's suspicions are based on the absence of direct entries in the debtor's books, especially when the Suspense account figures correspond to the…

Source excerpt

Bankruptcy Proof Of Debt
Promissory Notes
Burden Of Proof
Cross Examination Rights

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1 Jan 1938

Commercial And Corporate [1938] EACA 29

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937)

Official Assignee of Venidas Nemchand's Insolvency v Dinshaw and Brothers (Civ. App. No. 14/1937) [1938] EACA 29 (1 January 1938)

Court: East African Court of Appeal
Case number: Civ. App. No. 14/1937
Judge: Francis, J (Uganda), Law, C.J (Zanzibar), Sheridan, J. (C.J. Kenya)

The Court of Appeal held that the contract in question was governed by the law of French Somaliland, as it was made and to be performed there. The French Appellate Tribunal had already adjudicated that, under the law of French Somaliland, the respondents' claim could not be enforced against the insolvent's estate in bankruptcy. Applying the principle from Gibbs and Sons v. Societe Industrielle et Commerciale des Metaux, the court determined that the discharge of liability granted by the French court must be recognized in Ethiopia, and the respondents' claim must be rejected in the Ethiopian i…