MRL3701 - STUDY UNIT 4 COMPULSORY SEQUESTRATION

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REQUIREMENTS - Court must be satisfied: 1. The applicant has established a claim which entitles him, in terms of s9(1) to apply for sequestration of the debtor's estate. 2. the debtor has committed an act of insolvency or is insolvent 3. there is reason to believe that it will be to the advantage of creditors of the debtor if his estate is sequestrated (s12(1)) ONUS of satisfying court on these three matters rests throughout on the sequestrating creditor. APPLICANT ENTITLED TO APPLY ...

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