bSOLVE~CY
Cap. 6:07
92
No. 7/2018
Bona fide sale of property in possession of debtor
(I) The owner of movable property\\ hich was in the possession or custody of
a debtor immediately before the date of liquidation of that debtor's estate is, subject to
section 84, not entitled to recover that property if it has, in good faith, been sold as part
of the debtor's in sol \·ent estate, unless the owner has, by standard notice in writing given
before the sale to the liquidator or the Master, demanded the return of that property.
(2) If property contemplated in subsection (I) has been sold as part of the
insolvent estate, the former mvner of the property may recover from the liquidator.
before the confirmation of the liquidator's account as contemplated in section I 00, the
net proceeds of the sale of that property, unless he or she has recovered the property
itself from the purchaser, and thereupon he or she shall lose any right to reclaim the
property as contemplated in subsection (I).
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Persons incompetent to acquire property from insolvent estate
The liquidator or an auctioneer employed to sell property of the insoh ent estate
in question or an employer, employee or associate of such liquidator or auctioneer may
not acquire any property of the insolvent estate unless the acquisition is authorised by
an order of the Court.
PART XVII
BANKING ACCOUNTS, INVESTMENTS AND MONEYS BELONGING TO INSOLVENT ESTATE
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Banking accounts and investments
(I) The liquidator of an insolvent estate(a)
must open a cheque account in the name of the estate with a bank within
Zimbabwe and deposit therein all moneys received by him or her on
behalf of the estate;
(b)
may open a savings account in the name of the estate \Vith a bank within
Zimbah\ve and may transfer thereto from the account referred to in
paragraph (a) moneys not immediately required for the payment of any
claim against the estate;
(c)
may place moneys deposited in an account referred to in paragraph (a)
and not immediately required for the payment of any claim against the
estate, on interest-bearing deposit with a bank within Zimbabwe.
(2) The Master may request the liquidator to, in \\Tiling, furnish him or her
with(a)
the bank and the office; or
(b)
branch office; or
(c)
agency of the hank; or
(d)
(e)
bank statement; or
any particulars the Master may require;
in relation to the accounts which he or she has opened or placed a deposit referred to
in subsection (l).
(3) All cheques or orders dra\Yn upon an account referred to in subsection (I)
must contain the name of the payee and the cause of payment and must be drawn to
order and be signed by every liquidator or his or her authorised agent.
(4) The Master and any surety for the liquidator, or any person authorised b)
such surety, has the same right to information in regard to an account referred to in
subsection (I) as the liquidator himself or herself has, and may examine all \·ouchers
relating thereto, whether in the hands of the bank or the liquidator.
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