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1 Jan 1937

Civil Procedure [1937] EACA 17

Markus v Czeczowiczka (C.A. 36/1933.)

Markus v Czeczowiczka (C.A. 36/1933.) [1937] EACA 17 (1 January 1937)

Court: East African Court of Appeal
Case number: C.A. 36/1933.
Judge: Abrahams CJ, Ag P (Uganda), Horne J, Sheridan CJ

The Court of Appeal held that under Order XIX, Rule 37, the power to commit a judgment debtor for non-payment of a decretal amount is limited to circumstances where there is an order to pay a specific sum that the debtor is shown to be capable of paying, and there is a refusal or neglect to pay that sum. The rule relates to the whole amount of the decree unless an instalment order is made. In the present case, there was no order for payment by instalments, and no sufficient evidence that the debtor had the means to pay the whole decretal amount. The English authority of In re Fryer, decided u…

Source excerpt

Committal For Non Payment
Receiving Order
Judgment Debtor Examination
Bankruptcy Proceedings
Instalment Orders

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1 Jan 1937

Civil Procedure [1937] EACA 201

Noormohamed v Khamisa (C.C. No. 197/1930)

Noormohamed v Khamisa (C.C. No. 197/1930) [1937] EACA 201 (1 January 1937)

Court: East African Court of Appeal
Case number: C.C. No. 197/1930
Judge: Lane, Ag. J

The court held that Section 35(1) of the Civil Procedure Ordinance, 1924, governs the limitation period for execution of decrees in this case, providing a 12-year period from the date of the last step in execution, which was the order for payment by instalments on 18-12-31. The court rejected the defendant's argument that Article 179(4) of the Indian Limitation Act, 1877, applied, noting that the three-year limitation only applies to cases not covered by Section 230 of the Indian Civil Procedure Code or its equivalent. The court further clarified that under Section 35(1), it is sufficient for…