Uganda Case Law

Mutesi In Re-a debtor

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…

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• Bankruptcy Proceedings
• Receiving Order
• Acts Of Bankruptcy
• Stay Of Execution
• Creditor Priority

Patel v Vora

Patel v Vora (Civil Appeal No. 84 of 1955) [1950] EACA 360 (1 January 1950)

Court

East African Court of Appeal

Case number

Civil Appeal No. 84 of 1955

Judge

Bacon, JA, Briggs (Acting Vice-President), Sinclair, AP

The court held that collusive garnishee proceedings and payment to the appellant father were a fraudulent preference outside section 49 of the Bankruptcy Ordinance.

• Bankruptcy Fraudulent Preference
• Collusive Proceedings
• Garnishee Orders
• Creditor Priority
• Voluntary Payments
• Professional Misconduct

Official Receiver v Barreto

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…

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• Bankruptcy Proceedings
• Effect Of Execution On Bankruptcy
• Distribution Of Sale Proceeds
• Creditor Priority
• Statutory Interpretation

In Re: Durant Radford and Co. Ltd (C.C. No. 242/1934)

In Re: Durant Radford and Co. Ltd (C.C. No. 242/1934) [1937] EACA 209 (1 January 1937)

Court

East African Court of Appeal

Case number

C.C. No. 242/1934

Judge

Webb, J

The court granted ancillary winding-up relief in Kenya for a company already in liquidation in England, while restricting the provisional liquidator’s powers.

• Cross Border Insolvency
• Ancillary Liquidation
• Creditor Priority
• Distribution Of Assets
• Cross-border-insolvency
• Ancillary-liquidation

Desai v Official Receiver (C.A. 32/1932.)

Desai v Official Receiver (C.A. 32/1932.) [1932] EACA 51 (1 January 1932)

Court

East African Court of Appeal

Case number

C.A. 32/1932.

Judges

Barth, C.J (Kenya), Law, Ag C.J. (Uganda), Sheridan, C.J. (Tanganyika)

The Court of Appeal for Eastern Africa dismissed an appeal against an order setting aside transfers and payment as a fraudulent preference under section 46.

• Bankruptcy Preference
• Fraudulent Transfer
• Creditor Priority
• Burden Of Proof
• Debtor Intent
• Fraudulent-transfer