 |
 |
 |
The Commercial Case Law Index is a collection of judgments from African countries on topics relating to commercial legal practice. The collection aims to provide a snapshot of commercial legal practice in a country, rather than present solely traditionally "reportable" cases. The index currently covers 400 judgments from Uganda, Tanzania, Nigeria, Ghana and South Africa.
Get started on finding judgments that are relevant to you by browsing the topic list on the left of the screen. Click the arrows next to the topic names to reveal a detailed list of sub-topics. Most judgments are accompanied by a short summary written by subject-matter expert postgraduate students from the University of Cape Town.
In the Matter of Petition For Receiving Order by Uzairu Ahamed Magala (Debtor) (BANKRUPTCY PETITION NO.2 of 2016) [2017] UGCOMMC 57 (28 April 2017); 
CL Index Bankruptcy Banking, Finance and Insurance LawThe court considered whether the petitioner was unable to pay his debts, a bankruptcy order could be granted and whether the petitioner had any properties to be administered by a trustee in bankruptcy.
The court held that a petitioner must prove that he is unable to pay his debts exceeding Uganda Shillings fifty million in terms of Insolvency Act s 3. Further, once a debtor files a petition the court has the jurisdiction to determine the matter as it deems fit and order is granted where the petitioner has filed a statement of affairs with the official receiver in terms of s 4 of the act.
The court found that the petitioner had shown that he was unable to pay his debts by attaching his statements of account. The petitioner also did not file his statement with the official receiver.
Accordingly, the court dismissed the petition.