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Uganda Case Law

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Commercial And Corporate [2017] UGHCCD 214

Ssebanakitta v Kakira Sugar Works

Ssebanakitta v Kakira Sugar Works (CIVIL SUIT No. 84 OF 2007) [2017] UGHCCD 214 (31 August 2017)

The High Court held that the defendant company was under voluntary winding up and stayed the suit pending completion of liquidation.

  • Company Liquidation
  • Voluntary Winding Up
  • Stay Of Proceedings
  • Compliance With Statutory Requirements
  • Company-liquidation
  • Voluntary-winding-up
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Commercial And Corporate [2007] UGCommC 93

In the Matter of an Application for Leave for voluntary Winding Up by Imperial Investments Finance Ltd (HCT-00-CC-MA 13 of 2007)

In the Matter of an Application for Leave for voluntary Winding Up by Imperial Investments Finance Ltd (HCT-00-CC-MA 13 of 2007) [2007] UGCommC 93 (28 November 2007)

The High Court declined leave for voluntary winding up because the company had not properly advertised the winding-up resolution as required by statute.

  • Voluntary Winding Up
  • Financial Institutions Regulation
  • Statutory Compliance
  • Company Liquidation
  • Voluntary-winding-up
  • Company-liquidation
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Commercial And Corporate [2005] UGCommC 39

African Textile Mill Ltd (in liquidation) v Co-operative Bank Ltd (in liquidation) (HCT-00-CC-CS 20 of 2005)

African Textile Mill Ltd (in liquidation) v Co-operative Bank Ltd (in liquidation) (HCT-00-CC-CS 20 of 2005) [2005] UGCommC 39 (13 July 2005)

The court held that the application was improperly brought in the name of the company in liquidation rather than by the liquidator, a contributory, or a creditor as required by section 305 of the Companies Act. Substantively, the court found that a secured creditor, such as the respondent, is entitled to stand outside the winding up process and enforce its mortgage rights, including taking possession and selling the mortgaged property, even during voluntary liquidation. The law provides adequate safeguards to ensure the mortgagee acts in good faith and obtains a proper price. The court furthe…

  • Company Liquidation
  • Secured Creditors
  • Mortgage Enforcement
  • Voluntary Winding Up
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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.