Cap. 6:07
INSOLVENCY
No. 7/2018
(ii) any other names under which the debtor traded;
(iii) in the case of a natural person, provide the marital status of the
debtor if known;
(iv) state the amount, cause and nature of such claim;
(v) state whether or not security has been given for the claim and if so,
the nature and value of the security;
(vi) state the circumstance on which the application is founded.
(4) The allegations in the application must be supported by an affida\ it and the
application must be accompanied by a certificate of the Master, issued not more than 14
days before the date on which the application is to be heard by the Court, that sufficient
security has been given for the payment of all costs in respect of the application that
might be awarded against the applicant.
(5) The particulars in paragraph (b)(i) and (ii) must appear also in the heading
of the application and if the applicant is unable to furnish all such particulars he or she
must mention the reason why he or she is unable to do so.
(6) Not\vithstanding anything contrary to the High Court rules before the fifth
Court day before the day on which the application is to be heard by the Court, the
applicant must lodge the application with the registrar of the Court for issuing and,
unless notice to the debtor has been dispensed with, a copy of the application and copies
of all annexures thereto must be served on the debtor and the debtor's spouse, if any.
(7) If the debtor wishes to oppose the application he or she must lodge an
opposing affidavit with the registrar and serve a copy thereof on the applicant before
the second Court day before the day on which the application is to be heard by the
Court, subject to any provisions of the High Court rules.
(8) A copy of the application and of every affidavit in support of the allegations
in the application shall be sent by standard notice to the Master when the application
is lodged with the registrar.
(9) If an applicant is unable to comply with any of the requirements of subsection
(3)(b) the Court may dispense with such requirements and dispose of the application
in the manner that it finds just.
( 10) Having considered the application, the Court may make an order
contemplated in section 8, 14 or 15 or may dismiss the application or postpone its
hearing or make any other order that it considers just.
7
Liquidation of partnership estate
(1) When application is made to a Court for the liquidation of the estate of
a partnership, application must simultaneously be made for the liquidation of the
individual estates of every partner, other than a partner who is not liable for partnership
debts or a partner in respect of whom there is a lawful bar to the liquidation of his or
her estate.
(2) Section 4, in so far as it is applicable, applies with the necessary changes
in respect of an application by members of a partnership for the liquidation of the
partnership estate and section 6, in so far as it is applicable, applies with the necessary
changes in respect of an application by a creditor of a partnership for the liquidation
of the estate of the partnership.
(3) A Court granting a provisional or a final order for the liquidation of the
estate of a partnership must simultaneously grant an order for the liquidation of the
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