Export to PDF
Export to PDF
Print paper
VOLUME: VIII
INSOLVENCY
CHAPTER: 42:02
Part:XII Judicial (ss 151-153)

 

151.   Jurisdiction of the court

 

            The court shall have jurisdiction under this Act over every debtor and in regard to the estate of every debtor who-

     (a)     at the date of the presentation of a petition for the sequestration of his estate, is-

           (i)       possessed of or entitled to property within the jurisdiction of the court;

          (ii)       domiciled or resides or has a dwelling-house or place of business or carries on business within the jurisdiction of the court;

     (b)     at any time within 12 months immediately preceding the presentation of the petition has ordinarily resided or had a dwelling-house or place of business or carried on business within the jurisdiction of the court;

     (c)     has assigned that portion of his estate which lies within the jurisdiction of the court:

            Provided that when it appears to the court equitable or convenient that the estate of a person not domiciled in Botswana should be sequestrated elsewhere the court may refuse or postpone the sequestration.

 

152.   Review by and appeal to the court

 

            (1) The court may rescind, vary or amend any order made by it under this Act.

            (2) Every person aggrieved by any decision, order, ruling, appointment, or taxation of the Master under this Act may bring the same under review by the court, and to that end may apply to the court by motion, due notice whereof shall be given to the Master and to any person whose interests are affected:

            Provided that where a general body of creditors is affected, notice to the trustee or assignee shall be notice to all such creditors.

            (3) Every person aggrieved by any decision, ruling or order of the officer presiding at a meeting of creditors, may bring the same under review by the court in the manner hereinbefore prescribed for the review of any decision, ruling or order of the Master and upon giving the like notice to the presiding officer and persons affected.

            (4) Nothing contained in this section shall authorize the court to reopen any duly confirmed account or plan of distribution or of contribution otherwise than as is provided in section 99.

 

153.   Power of the President to make rules

 

            The President may make rules regulating the procedure to be followed under this Act by any court or any person appointed by the court.