Wakilii

Singh v Bux and Sons (C.C. 161-1933.)

East African Court of Appeal · [1933] EACA 15 · 1933 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to join trustees in bankruptcy as parties and for leave to continue suit against them
Decision
Application dismissed with costs to the trustees

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that no interest had devolved upon the trustees in bankruptcy within the meaning of Order XXI Rule 9 where the claim was a mere money claim capable of proof in bankruptcy proceedings. Leave to join the trustees and continue the suit against them was refused as the debt claimed could be proved under the Bankruptcy Ordinance.

Outcome

Application dismissed with costs to the trustees

Facts

On 26 June 1933, the plaintiff filed an action against the defendant claiming a specified amount with interest and costs. On 28 June 1933, the defendant filed a petition in bankruptcy and a receiving order was made the same day. On 8 September 1933, the defendant was adjudicated bankrupt. By consent on 15 September 1933, the parties removed the action from the hearing list. On 14 October 1933, the plaintiff applied to join the trustees in bankruptcy as parties and sought leave to continue the suit against them in their representative capacity as trustees of the defendant's estate.

Issues

  1. Whether the trustees in bankruptcy should be joined as parties to the suit.
  2. Whether leave should be granted to continue the suit against the trustees in their representative capacity.
  3. Whether an interest had devolved upon the trustees in bankruptcy within the meaning of Order XXI Rule 9 of the Civil Procedure Rules.

Orders

  • Application to join trustees in bankruptcy dismissed.
  • Leave to continue suit against trustees refused.
  • Applicant ordered to pay the costs of the trustees.

Rules and key headnotes

Civil Procedure — Bankruptcy — Joinder of Trustees — Order XXI Rule 9
No interest comes to or devolves upon trustees in bankruptcy within the meaning of Order XXI Rule 9 of the Civil Procedure Rules where the claim against the bankrupt is a mere money claim capable of proof in bankruptcy proceedings under the Bankruptcy Ordinance.
Commercial Law — Bankruptcy — Proof of Debt — Money Claims
Where a debt or damages claimed against a bankrupt is capable of proof in bankruptcy proceedings under sections 32 and 33 of the Bankruptcy Ordinance 1930, there is no ground for an action against the trustees in bankruptcy.
Civil Procedure — Bankruptcy — Stay of Proceedings — Consent
Where parties by consent remove an action from the hearing list following adjudication of bankruptcy, the action may be treated as stayed even in the absence of a formal court order staying proceedings.

Legislation cited (6)

Full judgment

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Singh v Bux and Sons (C.C. 161-1933.) [1933] EACA 15 (1 January 1933)
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.