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Cohen v Hussein and Others (Civil Appeal No. 52 of 1955) [1950] EACA 161 (1 January 1950)
The court held that a land transfer made to defeat a creditor’s claim was void, not merely voidable, and ordered cancellation of the registered instrument.
Wahid and Sons v Scammell and Others (CC. 373A/31.) [1932] EACA 43 (1 January 1932)
The court held that a debt which has accrued due, even if payment is postponed, is attachable before judgment, following the principle established in Webb v. Stanton. The assignments relied upon by the objectors only took effect from the date of registration, which occurred after the attachment. As the provisions of the Chattels Transfer Ordinance were not complied with, the assignments were void against the attaching creditors. The objectors failed to establish a valid interest in the property at the date of attachment, and thus their claim was disallowed.
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