Wakilii

In Re - Jan Mohamed (Bahkruptcy Notice No. 1 of 1935.)

East African Court of Appeal · [1935] EACA 141 · 1935 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to set aside a bankruptcy notice issued under section 3(1)(g) of the Bankruptcy Ordinance
Decision
Application dismissed; bankruptcy notice upheld

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

A bankruptcy notice under section 3(1)(g) of the Bankruptcy Ordinance need not enumerate principal, interest, costs and allowance for credits in detail. It is sufficient if the notice claims the correct sum due under the judgment. The omission to set out seriatim how the sum was arrived at is not a defect requiring the notice to be set aside, provided the amount claimed is correct. Where an instalment order has been rescinded, execution is no longer stayed.

Outcome

Application dismissed; bankruptcy notice upheld

Facts

Lobo obtained judgment against Jan Mohamed for Sh. 22,976 and costs. An order was made for payment by instalments of Sh. 100 per month. This instalment order was subsequently rescinded on 20 December 1934. Lobo then served a bankruptcy notice on Jan Mohamed on 21 January 1935 under section 3(1)(g) of the Bankruptcy Ordinance, claiming Sh. 21,540/68 and giving seven days to pay. On 26 January 1935, Jan Mohamed applied to set aside the bankruptcy notice, alleging that the amount mentioned did not provide sufficient detail and that execution had been stayed. The debtor abandoned one ground of his application, leaving two grounds: that the amount claimed was incorrect, and that execution had been stayed.

Issues

  1. Whether a bankruptcy notice under section 3(1)(g) of the Bankruptcy Ordinance must enumerate principal, interest, costs and allowance for credits in detail.
  2. Whether the amount claimed in the bankruptcy notice was incorrect.
  3. Whether execution of the decree had been stayed at the time the bankruptcy notice was issued.

Orders

  • Application to set aside the bankruptcy notice refused.
  • Costs awarded against the debtor.

Rules and key headnotes

Bankruptcy — Bankruptcy Notice — Form and Content Requirements
A bankruptcy notice under section 3(1)(g) of the Bankruptcy Ordinance need not enumerate principal, interest, costs and allowance for credits in detail; it is sufficient if the notice claims the correct sum due under the judgment.
Bankruptcy — Amendment of Bankruptcy Notice — Formal Defects
Amendment of a bankruptcy notice is not allowed by the Court except in the case of a merely formal defect. The omission to set out in detail how a sum was arrived at is not such a defect as to require the notice to be set aside, provided the amount claimed is correct.
Bankruptcy — Stay of Execution — Effect of Rescission of Instalment Order
Where an order for payment by instalments has been rescinded, execution is no longer stayed and a bankruptcy notice may properly be issued.

Legislation cited (4)

  • Bankruptcy Ordinance s.3(1)(g)
  • Bankruptcy Ordinance s.101(2)
  • Bankruptcy Rules r.314
  • Bankruptcy Rules r.143

Cases cited (8)

  • In Re a Debtor [1908] 2 KB 684
  • In Re H.B. [1904] 1 KB 103
  • In re a debtor (106 L.T.R. 895)
  • O.C.S. a Debtor [1902] 2 KB 163
  • In Re a Judgment-Debtor [1908] 2 KB 474
  • In Re Howes [1892] 2 QB 628
  • In Re Child [1892] 2 QB 77
  • In Re H.B. [1904] 1 KB 94

Full judgment

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

In Re - Jan Mohamed (Bahkruptcy Notice No. 1 of 1935.) [1935] EACA 141 (1 January 1935)
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.