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Uganda decisions
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McCoy v Allibhai (Civil Appeal No. 3 of 1947) [1947] EACA 4 (1 January 1947)
The Court of Appeal for Eastern Africa struck out an appeal for lack of special leave under section 74. It also upheld the view that executor remuneration agreements are enforced cautiously.
Jetha and Others v Gordhandas (C.C. No. 61/1936) [1936] EACA 131 (1 January 1936)
The court held that the promissory note executed by Pitamber was supported by fresh consideration, namely the financial assistance and credit provided by the plaintiffs when Pitamber started his business after his father's bankruptcy. The agreement was not void as contrary to the spirit of bankruptcy law or public policy because the consideration was given to Pitamber, who was not a debtor in bankruptcy, and the promise was enforceable against his estate. The existence of an earlier promissory note and the renewal thereof kept the promise alive and avoided limitation. The defendant failed to…
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