Khoda v Official Receiver (Civil Appeal No. 19 of 1938)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Rule 8 of the Eastern African Court of Appeal Rules 1925 prevails over Rule 130 of the Bankruptcy Rules 1915 in determining the time limit for filing appeals in bankruptcy matters. The Court of Appeal Rules have effect as if contained in the Order in Council and no local legislation can override them. Appeals filed within three months are timeous even if filed after the twenty-one day period specified in the Bankruptcy Rules.

Outcome

Appeals deemed timeous and allowed to proceed

Facts

Two consolidated bankruptcy appeals were filed after the expiration of the twenty-one day period prescribed by Rule 130 of the English Bankruptcy Rules 1915, which were in force in Uganda. However, the appeals were filed within the three-month period allowed by Rule 8 of the Eastern African Court of Appeal Rules 1925. The question arose whether the shorter period in the Bankruptcy Rules or the longer period in the Court of Appeal Rules governed the time for filing appeals in bankruptcy matters.

Issues

1. Whether appeals in bankruptcy matters must be filed within twenty-one days as required by Rule 130 of the Bankruptcy Rules 1915, or within three months as allowed by Rule 8 of the Eastern African Court of Appeal Rules 1925.

Orders

• Both appeals held to be within time under Rule 8 of the Court of Appeal Rules.

Rules and key headnotes

Legislation cited (2)

• Bankruptcy Rules 1915 Rule 130
• Eastern African Court of Appeal Rules 1925 Rule 8

Cases cited (1)

• Aluminium Union Ltd v Narandas & Co (4 EACA 20)

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