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Commercial And Corporate [2020] UGCA 2050

Crane Bank [In Receivership] v Ruparelia & Another

Crane Bank [In Receivership] v Ruparelia & Another (Civil Appeal No. 252 of 2019) [2020] UGCA 2050 (23 June 2020)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 252 of 2019
Judge
Owiny-Dollo, DCJ, Cheborion, JA, Musota, JA

The Court of Appeal held that Crane Bank Limited (in Receivership) lacked legal capacity to institute proceedings in its own name during receivership, as the Financial Institutions Act does not confer such power on a receiver. The Act expressly grants the power to sue to statutory managers and liquidators, but not to receivers. The statutory time span for receivership is limited to twelve months, after which the receiver's powers cease. The appellant, being majority-owned by non-citizens, is classified as a non-citizen under the Land Act and is prohibited from owning freehold or mailo land in…

Source excerpt

  • Receivership Powers
  • Corporate Capacity To Sue
  • Preliminary Objections
  • Locus Standi
  • Ownership Of Land By Non Citizens
  • Award Of Costs
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Commercial And Corporate [2020] UGCA 2173

Crane Bank Limited [In Receivership] v Sudhir Ruparelia and Meera Investments Limited

Crane Bank Limited [In Receivership] v Sudhir Ruparelia and Meera Investments Limited (Civil Appeal No. 252 of 2019) [2020] UGCA 2173 (23 June 2020)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 252 of 2019
Judge
Owiny-Dollo, DCJ, Cheborion-Barishaki, JA, Musota, JA

The Court of Appeal held that Crane Bank Limited, while under receivership, lacked legal capacity to institute proceedings because the Financial Institutions Act does not confer the power to sue on a receiver, unlike the statutory manager or liquidator. The statutory time span for receivership is limited to twelve months, after which receivership ceases by operation of law. The appellant, being majority-owned by non-citizens, is classified as a non-citizen under the Land Act and is prohibited from owning freehold or mailo land in Uganda. The preliminary objections raised by the respondents we…

Source excerpt

  • Receivership Powers
  • Corporate Capacity To Sue
  • Preliminary Objections
  • Locus Standi
  • Ownership Of Land By Non Citizens
  • Costs Award
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Civil Procedure [2012] UGCommC 71

Kilembe Mines Ltd v Uganda Gold Mines Ltd (HCT-00-CC-MA 312 of 2012)

Kilembe Mines Ltd v Uganda Gold Mines Ltd (HCT-00-CC-MA 312 of 2012) [2012] UGCommC 71 (27 June 2012)

Court
Commercial Court of Uganda
Case number
HCT-00-CC-MA 312 of 2012

The court found that Uganda Gold Mines Limited, as described in the plaint, does not exist as a legal entity incorporated in Uganda. The error in naming the Plaintiff was not a mere misnomer but a substantive defect, as the entity purported to sue did not exist in law. The authorities cited establish that a non-existent person or entity cannot maintain an action, and such a defect cannot be cured by amendment. Consequently, the suit was a nullity, disclosed no cause of action, and was struck out. The court also held that no order as to costs could be made against a non-existent Plaintiff.

Source excerpt

  • Striking Out Plaint
  • Legal Existence Of Company
  • Misnomer In Pleadings
  • Cause Of Action
  • Corporate Capacity To Sue
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.