Appeal to Judge in Chambers

3 cases · January 2025 to January 2025

Key Issues & Sub-Topics

Against the decision of Senior Assistant Registrar — Dismissing an oral application by Judgement Creditor — Made before commencement of the Judgement Debtor Summons hearing — Seeking for the Judgement Debtor to produce — Previous years bank accounts — Judgement Debtor a body corporate — Whether Judgement Creditor complied with requirements of Order 48 Rule 1 (2) ROC 2012 — By obtaining leave to issue Judgement Debtor Summons against an officer — And leave for the officer to produce relevant documents — Whether the request by the Judgement Creditor amounts to asset tracing exercise — Or amounts to a historical assessment of monies spent — Whether the inherent flexibility of Order 48 ought to be constrained? — Whether a benevolent interpretation should be accorded to Order 48 and Section 4 Debtors Act, 1957 — Whether the JDS ought to have been commenced in the Court of first instance — Section 2 Debtors Act, 1957 defines Courts as the Courts in which the original proceedings were commenced. 3 cases

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