Uganda Case Law

In Re: Ravji Kanji Parmar, A Bankrupt; Ex Parte: The Official Raceiver, As Trustee

In Re: Ravji Kanji Parmar, A Bankrupt; Ex Parte: The Official Raceiver, As Trustee (Bankruptcy Cause No. 2 of 1952) [1955] EACA 228 (1 January 1955)

Court

East African Court of Appeal

Case number

Bankruptcy Cause No. 2 of 1952

Judge

CRAM, Ag. J

The court held that the bankruptcy trustee had to convey property under a consent judgment for specific performance, but retained an equitable lien until the purchaser paid outstanding obligations.

• Bankruptcy Trustee Powers
• Specific Performance
• Equitable Lien
• Conveyancing
• Secured Creditor Status
• Bankruptcy-trustee-powers

Rosslyn Estates Limited v Underwood

Rosslyn Estates Limited v Underwood (Civil Appeal No, 66 of 1954) [1955] EACA 286 (1 January 1955)

Court

East African Court of Appeal

Case number

Civil Appeal No, 66 of 1954

Judge

Briggs, JA, Sir Enoch Jenkins, JA, Worley VP

The Court of Appeal held that a building scheme originally existed, but the later conveyance let the vendors vary restrictions, so the injunction failed.

• Restrictive Covenants
• Building Schemes
• Injunctions
• Conveyancing
• Merger Of Contract And Conveyance
• Restrictive-covenants

Abubaker v Principal Registrar of Crown Lands and Others

Abubaker v Principal Registrar of Crown Lands and Others (Civil Appeal No. 8 of 1953 and Miscellaneous Civil Suit No. 48 of 1952 (Consolidated)) [1953] EACA 51 (1 January 1953)

Court

East African Court of Appeal

Case number

Civil Appeal No. 8 of 1953 and Miscellaneous Civil Suit No. 48 of 1952 (Consolidated)

Judge

Harley J

The court held that the term 'conveyance' must be interpreted broadly to include any instrument transferring an interest in land, unless specifically limited by statute. There was nothing in the relevant Kenyan Ordinances to exclude vesting orders from the requirements applicable to conveyances or transfers, including the need for a clearance certificate for unpaid municipal rates. Furthermore, the definition of 'conveyance' in the Stamp Ordinance is inclusive and encompasses vesting orders, making them liable to ad valorem duty. The appellant, having become the sole owner by virtue of the ve…

Source excerpt

• Registration Of Land
• Stamp Duty
• Vesting Orders
• Municipal Rates
• Conveyancing
• Mortgagee Rights