Cap. 6:07
iNSOLVENCY
No. 7/2018
(2) A person contemplated in subsection (I) \\ ho has given the required
e\·idence or produced the required books, documents, or records may on his or her own
application be brought before the Court which imposed the sentence and that Court
may, irrespecti\·e of whether or not it is composed as it was when the sentence was
imposed, suspend the remaining portion of the sentence or any portion thereof on the
conditions that it considers appropriate.
(3) In order to satisfy itself concerning the facts contemplated in subsection
(2), the Court may accept as conclusive proof of those facts a certificate given by the
presiding officer to the effect that the said person had appeared before him or her and
had answered fully and correctly all questions put to him or her and produced all books,
documents, or records required of him or her.
188 Criminal liability of partners, administrators, servants or agents
(I) A person commits an offence if, in relation to the affairs or property of a
debtor, estate, employer or principal, he or she does or omits to do anything that, had
it been done or omitted in respect of that person's mvn affairs or property, would have
constituted an offence under this Act.
(2) The liability under subsection (I) of a partner, person responsible for
the management of a debtor, servant or agent shall not affect the liability under that
subsection or under any other provision of this Act, of another partner or person
responsible for the management of a debtor or of a servant or agent of the same
partnership, or of the employer or principal of the employee or agent who is so liable.
189 Jurisdiction of Court
(I) The Court shall have jurisdiction under this Act over e\ ery debtor and in
regard to the estate of every debtor who(a)
on the date on which an application for the liquidation of the estate is
lodged with the Registrar of the Court, is domiciled or owns or is entitled
to property situate within the jurisdiction of the Court; or
(b)
has its registered office or main place of business within the jurisdiction
of the Court; or
(c)
at any time within twelve months immediately before the date of the
application ordinarily resided or carried on business within the jurisdiction
of the Court.
(2) A Court which has jurisdiction over a debtor or the insolvent estate of a
debtor by virtue of subsection (l) has jurisdiction in respect of any matter regulated
by this Act arising out of the liquidation of the estate of the said debtor.
(3) When it appears to the Court equitable or convenient that the estate of a
person not domiciled in Zimbabwe should be liquidated elsewhere, the Court may
refuse or postpone the application for liquidation.
(4) Foreign representatives and creditors have access to the Court as provided
in Part XXV of this Act. and liquidation of the estate of a debtor shall be limited as
provided in that Part.
(5) The Court may rescind or vary any order made by it under this Act.
190 Appeals
( 1) Any person aggrieved by a final liquidation order, or by a refusal to grant a
provisional order or to grant a liquidation order without a provisional liquidation order,
or by an order setting aside a provisional liquidation order, or any other appealabie order
321
Select target paragraph3
Add to table of contents