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Commercial And Corporate [2020] UGCA 2050

Crane Bank [In Receivership] v Ruparelia & Another

Crane Bank [In Receivership] v Ruparelia & Another (Civil Appeal No. 252 of 2019) [2020] UGCA 2050 (23 June 2020)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 252 of 2019
Judge
Owiny-Dollo, DCJ, Cheborion, JA, Musota, JA

The Court of Appeal held that Crane Bank Limited (in Receivership) lacked legal capacity to institute proceedings in its own name during receivership, as the Financial Institutions Act does not confer such power on a receiver. The Act expressly grants the power to sue to statutory managers and liquidators, but not to receivers. The statutory time span for receivership is limited to twelve months, after which the receiver's powers cease. The appellant, being majority-owned by non-citizens, is classified as a non-citizen under the Land Act and is prohibited from owning freehold or mailo land in…

Source excerpt

  • Receivership Powers
  • Corporate Capacity To Sue
  • Preliminary Objections
  • Locus Standi
  • Ownership Of Land By Non Citizens
  • Award Of Costs
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Commercial And Corporate [2020] UGCA 2173

Crane Bank Limited [In Receivership] v Sudhir Ruparelia and Meera Investments Limited

Crane Bank Limited [In Receivership] v Sudhir Ruparelia and Meera Investments Limited (Civil Appeal No. 252 of 2019) [2020] UGCA 2173 (23 June 2020)

Court
Court of Appeal of Uganda
Case number
Civil Appeal No. 252 of 2019
Judge
Owiny-Dollo, DCJ, Cheborion-Barishaki, JA, Musota, JA

The Court of Appeal held that Crane Bank Limited, while under receivership, lacked legal capacity to institute proceedings because the Financial Institutions Act does not confer the power to sue on a receiver, unlike the statutory manager or liquidator. The statutory time span for receivership is limited to twelve months, after which receivership ceases by operation of law. The appellant, being majority-owned by non-citizens, is classified as a non-citizen under the Land Act and is prohibited from owning freehold or mailo land in Uganda. The preliminary objections raised by the respondents we…

Source excerpt

  • Receivership Powers
  • Corporate Capacity To Sue
  • Preliminary Objections
  • Locus Standi
  • Ownership Of Land By Non Citizens
  • Costs Award
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Land And Property [1998] UGCA 51

AK detergents Ltd v M Combined Ltd

AK detergents Ltd v M Combined Ltd (Civil Appeal 17 of 1998) [1998] UGCA 51 (15 September 1998)

Court
Court of Appeal of Uganda
Case number
Civil Appeal 17 of 1998
Judge
Manyindo, DCJ, Okello, JA, Twinomujuni, JA

The Court of Appeal held that the debentures executed by the respondent in favour of the second and fifth appellants, though not registered at the Lands Registry, were registered at the Companies Registry and thereby created legal mortgages. The receivers/managers were validly appointed under these debentures and had the authority, as agents and attorneys of the respondent, to sell and transfer the charged immovable property, including the suit lands, without the need for a separate power of attorney or court order. The court found that the trial judge erred in holding that only equitable cha…

Source excerpt

  • Debenture Enforcement
  • Receivership Powers
  • Registration Of Titles
  • Fraud In Land Transactions
  • Bona Fide Purchaser
  • Burden Of Proof
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Land And Property [1998] UGCA 48

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited

A. K. Detergents Limited and 4 Others v G. M. Combined Uganda Limited (Civil Appeal 17 of 1998) [1998] UGCA 48 (15 September 1998)

Court
Court of Appeal of Uganda
Case number
Civil Appeal 17 of 1998
Judge
Manyindo, DCJ, Okello, JA, Twinomujuni, JA

The Court of Appeal held that the debentures executed by the respondent in favour of the second and fifth appellants, though not registered at the Lands Registry, were registered at the Companies Registry and thus created legal mortgages over all the respondent's immovable assets, including the suit lands. The debentures expressly empowered the receivers/managers to act as attorneys of the respondent for the purpose of selling and transferring the charged property. The court found that the trial judge erred in holding that the debentures only created equitable charges and that a separate powe…

Source excerpt

  • Debenture Enforcement
  • Receivership Powers
  • Registration Of Titles
  • Fraud In Land Transfer
  • Mortgage Law
  • Bona Fide Purchaser
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Date unavailable
Commercial And Corporate [1995] UGHC 34

In Re: Summerfruit (U) Ltd and Ors (Companies Cause No. 5 of 1995)

In Re: Summerfruit (U) Ltd and Ors (Companies Cause No. 5 of 1995) [1995] UGHC 34 (4 October 1995)

Court
High Court of Uganda
Case number
Companies Cause No. 5 of 1995

The High Court held that the omission to register the debenture within the prescribed 42 days was not deliberate but accidental or due to inadvertence, as evidenced by the affidavit of the receiver. The court found that the error was attributable to the company, not the receivers, and that no prejudice would result to creditors or shareholders from rectifying the omission. The Registrar's certificate of registration, though issued after the statutory period, was deemed conclusive evidence of compliance with the Companies Act. The court exercised its discretion under section 102 of the Compani…

Source excerpt

  • Company Charges
  • Debenture Registration
  • Rectification Of Register
  • Receivership Powers
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About this JurisAssist collection

Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.