Uganda Case Law

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…

Source excerpt

• Bankruptcy Trustee Powers
• Fraudulent Preference
• Relation Back Doctrine
• Jurisdiction Of Court
• Notice Of Act Of Bankruptcy