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25 Sept 2003

Commercial And Corporate [2003] UGCommC 133

Amrit Goyal v Hari Chand Goyal & 3 Ors

Amrit Goyal v Hari Chand Goyal & 3 Ors (Miscellaneous Application 649 of 2001) [2003] UGCommC 133 (25 September 2003)

Court: Commercial Court of Uganda
Case number: Miscellaneous Application 649 of 2001
Judge: Ogoola James, j

The Court found that the Memorandum of Family Arrangement (MOFA) was validly executed by all parties and governed by Indian/Hindu law. Expert evidence established that such family arrangements do not require coparcenary status, registration, or stamp duty under Indian law, and that beneficial ownership of shares can pass in equity prior to formal transfer. The MOFA was acted upon by all parties, satisfying the enforceability criteria. Ugandan courts have jurisdiction to apply foreign law where chosen by the parties, and the Companies Act and liberalisation policies override any restrictions i…

Source excerpt

Share Register Rectification
Beneficial Ownership
Family Arrangement
Proper Law Of Contract
Enforceability Of Foreign Contracts
Company Shares Transfer

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1 Jan 1946

Commercial And Corporate [1946] EACA 5

Singh v Singh

Singh v Singh (Civil Appeal No. 10 of 1945) [1946] EACA 5 (1 January 1946)

Court: East African Court of Appeal
Case number: Civil Appeal No. 10 of 1945
Judge: Graham Paul CJ, Sheridan CJ, Whitley CJ

The Court held that the contract between the parties, both Hindus residing in Kenya, was governed by Hindu law as the proper law of the contract, based on the intention of the parties and the nature of the agreement. The Court found that under Hindu law, an action for damages for breach of such a marriage contract is maintainable. The appellant's reliance on English law was rejected, as the local circumstances and the parties' customs necessitated the application of Hindu law. The Court further determined that the 'gotra' condition was not a genuine or essential term of the contract and was r…