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1 Jan 1933

Commercial And Corporate [1933] EACA 2

Lalji v Ahmed (C.A. 14/1933.)

Lalji v Ahmed (C.A. 14/1933.) [1933] EACA 2 (1 January 1933)

Court: East African Court of Appeal
Case number: C.A. 14/1933.
Judge: Abrahams CJ, Ag P (Uganda), Barth, C.J (Kenya), Sheridan, C.J. (Tanganyika)

The Court of Appeal held that the respondent was not a 'debtor' within the meaning of the Deeds of Arrangement Ordinance as construed by reference to the Bankruptcy Ordinance, 1930, and therefore the deed did not require registration in Kenya. The arrangement did not operate as a release of the original debts until payment of the composition was made, and the right of action on the promissory notes was suspended, not extinguished. The respondent's failure to procure and tender the promissory notes as stipulated in the deed entitled the appellant to revive his original cause of action. The exi…

Source excerpt

Deeds Of Arrangement
Novation
Bankruptcy Definition
Registration Requirements
Fraudulent Preference
Composition With Creditors

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Date unavailable

Commercial And Corporate [1951] EACA 119

Official Receiver v Savadia and Co.

Official Receiver v Savadia and Co. (Civil Appeal No. 31 of 1951) [1951] EACA 119 (1 January 1951)

Court: East African Court of Appeal
Case number: Civil Appeal No. 31 of 1951
Judge: Lockhart-Smith, Ag. VP, Sinclair, Ag. CJ. (Tanganyika), Worley, P

The Court held that the High Court of Tanganyika had jurisdiction to entertain the trustee's application, as the trustee's discretion under section 159 of the Bankruptcy Ordinance allows pursuit of property in any reciprocating territory. The transaction in question was not protected by section 47 because, at the time the respondent received the goods, he had notice of an available act of bankruptcy—namely, the debtor's departure to defeat or delay creditors. The facts admitted in affidavits and the conduct of the creditors established that the respondent was aware, or ought reasonably to hav…