Wakilii

Carver v MacJohn and Others (Civil Case No. 13 of 1937)

East African Court of Appeal · [1938] EACA 179 · 1938 Judgment for Defendant AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
First instance civil suit for return of goods allegedly distrained
Decision
Suit dismissed for lack of standing

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A receiver appointed by a debenture holder has no right to sue in his own name. A receiver acquires no right of action by virtue of his appointment and cannot sue in his own name as receiver. The action must be brought in the name of the person who would be entitled to sue apart from the receiver's appointment. The court declined to exercise its discretion to substitute the proper party at a late stage after the plaintiff had notice of the defect.

Outcome

Suit dismissed for lack of standing

Facts

Martin Hart, Ltd. granted a debenture over its property to secure a debt of Sh. 61,208/25. The debenture was later transferred to Edmund Norman Moskow, who appointed Cecil Charles Carver as receiver and manager. Martin Hart, Ltd. leased premises from the first defendant and fell into arrears of nearly £100 in rent. On 16 January 1937, the landlord distrained for rent and seized shop fittings and implements of trade. The receiver claimed damages for the distress, suing in his own name as receiver of the debenture holders. The defendants pleaded that the receiver had no right to sue as laid in the plaint. After receiving the defence, the plaintiff obtained a Deed of Appointment and Ratification but did not amend the plaint to substitute the proper party.

Issues

  1. Whether a receiver appointed by a debenture holder has the right to sue in his own name for goods allegedly distrained by a landlord.

Orders

  • Suit dismissed with costs to the defendants.

Rules and key headnotes

Receivers — Capacity to Sue — Right of Action
A receiver appointed by a debenture holder acquires no right of action by virtue of his appointment and cannot sue in his own name as receiver.
Receivers — Proper Party to Sue — Vesting of Property
Where a receiver has not acquired property vested in him, the action must be maintained in the name of the person who would be entitled to sue apart from the receiver's appointment.
Amendment — Substitution of Parties — Discretion of Court
Where a plaintiff sues in the wrong capacity and receives notice of the defect through the defence but fails to take immediate steps to rectify the mistake, the court may decline to exercise its discretion to substitute the proper party at a late stage.

Cases cited (4)

  • Ex parte Sacker (1888) 22 Q.B.D. 179
  • Moss S.S. Co. v Whinney [1912] A.C. 254
  • Rhodes v Dawson (1886) 16 Q.B.D. 548
  • Sartoris v Sartoris [1892] 1 Ch. 11

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Carver v MacJohn and Others (Civil Case No. 13 of 1937) [1938] EACA 179 (1 January 1938)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.