Court name
Commercial Court of Uganda
Judgment date
20 December 2011

Maria K Mutesi v official Reciever (in Bankruptcy) (Miscellaneous Application-2011/706) [2011] UGCommC 116 (20 December 2011);

Cite this case
[2011] UGCommC 116

THE REPUBLIC OF UGANDA

THE HIGH COURT OF UGANDA AT KAMPALA

(COMMERCIAL DIVISION)

MISCELLANEOUS APPLICATION NUMBER 706 OF 2011

(ARISING OUT OF BANKRUPTCY PETITION NUMBER 5 OF 2011)

MARIA K. MUTESI).............................................. APPLICANT (DEBTOR)

VERSUS

OFFICIAL RECEIVER (IN BANKRUPTCY)................................ RESPONDENT

BEFORE HON. JUSTICE CHRISTOPHER MADRAMA

RULING

This Notice of Motion is was filed under sections 98, 40 (4) Of The Civil Procedure Act, order 52 rules 2 and 3 and order 50 rules 3 of the Civil Procedure Rules, section 10 of the Bankruptcy Act cap 67 and sections 43 (2) and 43 (3) (b) of the Civil Procedure Act for:

  1. An order is issued staying any action, execution or other legal process against the Applicant/Debtor pending the final disposal of Bankruptcy Petition No. 5 of 2011.
  2. An order to be issued to release the judgment debtor from Civil Prison Luzira pending the final disposal of Bankruptcy Petition No. 5 of 2011.
  3. An order prohibiting any further arrests in relation to the judgment debtor's debt and for
  4. Costs of the application to be provided for.

The grounds of the application are that the applicant has shown an intention to apply for and has applied/fixed Bankruptcy Petition No. 5 of 2011; that the applicant is currently in Civil Prison Luzira in respect of various debts; the applicant has no properties and is unemployed; if the order is not issued the applicant will suffer irreparable damage which cannot be compensated for by way of damages and it is necessary for the interests of justice that an interim order is issued to maintain the status quo between the applicant and the respondent pending the determination of the petition.

In support of the application the applicant Maria K