Okoth v Ogolla (Civil Appeal No. 9 of 2005) [2006] UGCA 59 (4 April 2006)
Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 9 of 2005
Judge
Mukasa-Kikonyogo, DCJ, Kitumba, JA, Kavuma, JA
The Court of Appeal held that land used for Premier Secondary School was partnership property, upheld winding up of the partnership, and dismissed the appeal with costs.
In Re: of Hughes and Comapny Limited; In Re: of the Companies Ordinance (Misc. Civil Case No. 4 of 1952) [1952] EACA 321 (1 January 1952)
Court
East African Court of Appeal
Case number
Misc. Civil Case No. 4 of 1952
Judge
Windham J
The court held that tax paid by the liquidator on electing shareholders’ behalf must be charged against those shareholders’ respective shares, not the company’s general assets.
Official Receiver v Sontag (Civ. App. No. 8 of 1938.) [1938] EACA 95 (1 January 1938)
Court
East African Court of Appeal
Case number
Civ. App. No. 8 of 1938.
Judge
Dalton, C.J(Tanganyika), Sheridan, (C.J. Kenya), Whitley CJ
The Court held that the process of attachment and seizure of immovable property as prescribed by the Tanganyika Civil Procedure Code, and carried out in this case prior to the winding-up order, constituted 'execution completed by seizure' within the meaning of section 263(2) of the Companies Ordinance. This completion of execution prior to liquidation preserved the judgment creditor's rights against the liquidator and other creditors. The Court found no grounds to exercise its discretion under section 176 to refuse the sale in execution, as the creditor acted bona fide and no fraud or bad fai…
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.