Abdallah Sekibembe

Source : Notes by Mr. Kihangire Nicholas ( Lecturer Uganda Christian University School of Law)  OPINION EVIDENCE What is opinion? Opinion is defined to mean any inference which one may draw from perceived data.  It is whatever you infer from what you see, smell, hear, feel etc and the general rule in evidence is that a witness should confined himself/herself to what they perceive to leave the court to draw the inferences. It is however not always possible to separate perceived facts from opinions in some cases they are intertwined and it would be impossible to separate the two.  The court might sometimes need the opinion of people better placed than itself to draw the inferences and it is in these situations that he court allows the inferences. E.A. outlines the number of incidences when the court may be called to draw the inferences where facts and opinions are so intertwined and the court needs assistance by hearing opinions of experts better placed that itself....

Bankruptcy Source : URSB Bankruptcy is the process by which an insolvent individual is made bankrupt and his or her assets are administered for the benefit of his or her creditors. Accordingly, a bankrupt is a person who has been adjudged bankrupt and whose estate is administered by a trustee in bankruptcy for the benefit of the bankrupt’s creditors. A person is adjudged bankrupt when the court makes a bankruptcy Order against him/her. The bankruptcy Order declares the person bankrupt and appoints the Official Receiver as interim receiver of his/her estate in order to preserve the estate. The bankrupt’s estate then vests first in the Official Receiver and then in the trustee. No transfer documents need to be signed for the estate to vest in the Official Receiver or trustee. Bankruptcy commences on the day on which the bankruptcy order is made. Within 14 days, the Official Receiver must give a public notice that the bankruptcy has commenced and call the first cred...

Liquidation & Official Receiver Source: URSB The office of the official receiver is created by Section 198 of the insolvency Act, 2011. The Registrar General was appointed by the Minister of Justice and Constitutional Affairs as the Official Receiver and mainly deals with issues of individual and corporate insolvencies. The Official Receiver under section 199 of the insolvency Act is mandated to: Investigate the directors, shareholders, contributories and all present and past officers of an insolvent company or of a company which being wound up or liquidated, for the purpose of establishing any fraud or impropriety; Investigate the promotion, formation, failure and conduct of business of an insolvent company; Prosecute any person for offences committed under this Act or discovered to have a case to answer as a result of investigations carried out; Investigate the conduct of insolvency practitioners and to prosecute them for any offences committed; Act during...