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Uganda decisions
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Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit No. 9 of 2021) [2022] UGCommC 33 (21 March 2022)
The High Court held that URA’s distress and sale were void after liquidation commenced, and upheld the bank’s right as secured creditor to foreclose and take possession.
Bank of India (U) Limited v NC Beverages Limited and Another (Civil Suit Originating Summons 9 of 2021) [2022] UGCommC 123 (21 March 2022)
The court held that the dispute was not a tax dispute within the exclusive jurisdiction of the Tax Appeals Tribunal, as it did not concern a challenge to a tax assessment or decision under a taxing Act, but rather the priority of a secured creditor's rights over those of the tax authority in insolvency. The plaintiff's floating charge crystallised upon the filing of the winding up petition, giving the plaintiff a proprietary interest in the charged assets. The URA's distress and sale of the assets after the commencement of liquidation proceedings were illegal and void under section 97(1)(c) o…
Source excerpt
Kigongo v Mosa Courts Apartment Ltd (Company Cause No. 01 of 2015) [2016] UGHCCD 11 (9 February 2016)
The court found that Olive Kigongo was a member of the company and had standing to complain of unfair prejudice after exclusion from management, but declined to order winding up.
In Re: Winding Up Muddu Awulira Enterprises Ltd (Company Cause No. 14 of 2004) [2004] UGCommC 19 (13 July 2004)
The court held that a receiver appointed after winding-up commenced could not take possession of company assets without leave, and appointed the Official Receiver as provisional liquidator.
East African Development Bank v Ziwa Horticultural Exporters Ltd (High Court Miscellaneous Application No. 1048 of 2000) [2000] UGCommC 7 (19 October 2000)
The court stayed proceedings and referred a company dispute to arbitration, holding that valid arbitration clauses bound the parties and section 6 favored reference.
