Uganda Case Law

Kabiito Karamagi and Donald Nyakairu (The Receivers/Managers of Spencon Services Limited-In Receivership) v Musisi

Kabiito Karamagi and Donald Nyakairu (The Receivers/Managers of Spencon Services Limited-In Receivership) v Musisi (MISCELLANEOUS CAUSE NO. 80 OF 2017) [2020] UGHCCD 166 (11 June 2020)

Court

HC: Civil Division (Uganda)

Case number

MISCELLANEOUS CAUSE NO. 80 OF 2017

Judge

Mugambe, J

The High Court set aside a disputed sale of company machinery in receivership, finding the asset was sold at gross undervalue without proof of authority or proper payment.

• Receivership Directions
• Asset Recovery
• Sale Of Company Assets
• Bona Fide Purchaser
• Undervalue Transactions
• Receivership

AK Detergents v GM Combined (U) Limited

AK Detergents v GM Combined (U) Limited (Civil Suit 348 of 1994) [1994] UGHC 42 (11 July 1994)

Court

High Court of Uganda

Case number

Civil Suit 348 of 1994

Judge

Tsekooko, J

The court found credible evidence that the respondent company is in dire financial straits, having failed to satisfy previous decrees, being subject to receivership and winding up proceedings, and having its assets charged and sold by receivers under valid debentures. The respondent's arguments regarding the invalidity of the sale and retention of property were rejected based on the powers conferred by the debentures and supporting case law. The court held that, under Section 404 of the Companies Act and Order 23 Rule 1 of the Civil Procedure Rules, it is appropriate to exercise discretion an…

Source excerpt

• Security For Costs
• Company In Liquidation
• Appointment Of Receivers
• Powers Of Receivers
• Sale Of Company Assets