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Section 39: Creditor’s suit against Administrator-General.

The Administrators-General Act, 1963Central Act · Act 45 of 1963

(1) If any suit be brought by a creditor against any Administrator-General, such creditor shall be liable to pay the costs of the suit unless he proves that not less than one month previous to the institution of the suit he had applied in writing to the Administrator-General, stating the amount and other particulars of his claim, and had given such evidence in support thereof as, in the circumstances of the case, the Administrator-General was reasonably entitled to require.

(2) If any such suit is decreed in favour of the creditor, he shall, nevertheless, unless he is a secured creditor, be only entitled to payment of the amount decreed or ordered by the court to be paid out of the assets of the deceased equally and rateable with the other creditors.

Where this provision sits

ActThe Administrators-General Act, 1963
Section39
Marginal noteCreditor’s suit against Administrator-General.
JurisdictionCentral
StatusIn force as published by the source

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