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10 Sept 1999

Commercial And Corporate [1999] UGHC 23

Greenland Bank Limited v Westmont Land (Asia)

Greenland Bank Limited v Westmont Land (Asia) (Civil Suit 309 of 1999) [1999] UGHC 23 (10 September 1999)

Court: High Court of Uganda
Case number: Civil Suit 309 of 1999
Judges: Ntabgoba, PJ

The court held that the Central Bank's takeover of Greenland Bank Ltd. did not extinguish the bank's corporate personality or its capacity to sue or be sued. Instead, the Central Bank assumes management and control, including the power to initiate or defend proceedings, but must do so in the name of the seized institution. The new Board of Directors, appointed by the Central Bank, was competent to instruct advocates, and the authority given to the plaintiff's counsel was valid. The court found that the press release describing the Board's role as merely advisory was not legally binding and di…

Source excerpt

Corporate Personality
Locus Standi
Authority Of Advocates
Bank Liquidation
Statutory Management

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25 Aug 1999

Commercial And Corporate [1999] UGHC 46

Greenland Bank Ltd v Westmont Land (Asia)

Greenland Bank Ltd v Westmont Land (Asia) (CIVIL SUIT NO. 309 OF 1999) [1999] UGHC 46 (25 August 1999)

Court: High Court of Uganda
Case number: CIVIL SUIT NO. 309 OF 1999
Judges: Ntabgoba, PJ

The court held that Greenland Bank Ltd., though under the management and control of the Central Bank following statutory takeover, retains its corporate personality and capacity to sue or be sued in its own name. The Central Bank, acting through its appointed Board of Directors, is empowered under section 32(2)(e) of the Financial Institutions Statute to initiate, defend, and conduct legal proceedings in the name of the financial institution. The Press Release issued by the Central Bank, which described the Board's role as advisory, does not override the statutory powers conferred by the Fina…