Uganda Case Law

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…

Source excerpt

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