Hass Petroleum (U) Ltd v Kariisa & Anor
Hass Petroleum (U) Ltd v Kariisa & Anor (Miscellaneous Application No. 349 of 2016) [2016] UGCommC 96 (17 October 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…
Source excerpt
- Consolidation Of Suits
- Bankruptcy Proceedings
- Arbitration Clause
- Business Relationship Disputes