Uganda Case Law

Walji v Jiwa and Co. (C.A. 20/1927.)

Walji v Jiwa and Co. (C.A. 20/1927.) [1927] EACA 49 (1 January 1927)

Court

East African Court of Appeal

Case number

C.A. 20/1927.

Judge

Guthrie-Smith, J. (Uganda), Pickering J, Tomlinson CJ

The majority of the Court held that a receiving order made against a firm operates against all partners, including those whose status as partners was unknown at the time of the order, provided the proceedings were taken against the firm. The Court found that the Bankruptcy Act and Rules do not require that all partners be known at the time of the receiving order, and that a secret and undischarged partnership cannot defeat the just claim of the creditor. The order of adjudication may be made against a subsequently identified partner individually, as long as there is a valid receiving order ou…

Source excerpt

• Bankruptcy Adjudication
• Partnership Liability
• Receiving Order Operation
• Service Of Process
• Firm Vs Individual Bankruptcy