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DISTRICT COURT (CIVIL PROCEDURE) RULES, 2004

 

      Rule        

 

 

ORDER 20

RECEIVERS OR MANAGERS

 

Appointment of receiver or manager

1. (1) For the purpose of this Order a receiver shall only receive rent, income or other benefits from the property, which is the subject matter of the suit and shall not manage that property unless the Court further appoints the receiver to be a manager.

(2) The Court may appoint a receiver by an interlocutory order in a case in which it appears to the Court to be just or convenient to do so and the order may be made either unconditionally or on terms and condi­tions that the Court thinks just.

(3) A party to a cause or matter may apply to the Court for the appointment of a receiver or manager whether or not a claim for ap­pointment of a receiver or manager was included in the particulars of claim or in the writ or counterclaim.

(4) Payment of income or receipts in respect of receivership shall be made into a deposit account which shall be opened specifically for the receivership.

Ancillary injunction

2. An application for an order for the appointment of a receiver or manager may be combined with an application for an injunction to restrain any dealings with the property which is the subject matter of the suit, until the case is disposed of.

Security by receiver or manager

3. (1) A person appointed as a receiver or manager shall provide security for the due performance of the duties of that office.

(2) The security may be a bank guarantee or a deposit of title deed to an immovable property which is worth not less than the value of the property in dispute, unless the Court directs otherwise.

Allowance of receiver or manager

4. (1) A person appointed receiver shall be paid a reasonable monthly remuneration fixed by the Court, but which in any event does not exceed the salary of the Registrar of the Court.

(2) A person appointed a manager shall be paid a reasonable monthly remuneration fixed by the Court, but which in any event does not exceed the monthly salary of the manager of a comparable organisation.

(3) Where the person appointed a receiver or a manager is the Registrar or some other court official the remuneration payable to the receiver or manager shall be paid into the Consolidated Fund.

Receiver's accounts

5. (1) A receiver shall submit accounts to the Court at the intervals or on the dates directed by the Court, for the accounts to be audited.

(2) The receiver and the beneficiaries of the property for which the receiver has been appointed may meet before the Registrar at pre-arranged times for the receiver to explain the accounts to those beneficiaries.

Payment of receipts

6. (1) A receiver or a manager shall keep proper books of account in accordance with the nature of the business and the facilities available and pay net receipts to the Registrar who shall deal with the receipts according to the orders of the Court.

(2) A person appointed as a manager for a business, enterprise or undertaking which is a going concern shall as far as is possible open and run a banking account solely for the business, enterprise or undertaking.

(3) Where a bank account is opened, outgoings and other payments shall be made by cheques drawn on that account unless there are special circumstances for not doing so.

(4) Receipts and other payments to the business shall be paid into the account on the same day or latest by the morning following the date of receipt.

(5) Where there is no bank within reasonable access of the business, the Court shall give directions as to the safe custody of receipts and other payments to the business after hearing the parties and the Registrar of the Court.

(6) Where there is a bank account, the manager and one other person appointed by the Court shall be joint signatories to the account.

(7) A receiver or a manager who defaults in any material respect in the performance of the duties of a receiver or manager may be called to show cause for the failure, and the Court may give directions that it con­siders proper, including an order that the remuneration of the receiver or manager be withheld and the security provided under rule 3 may be called on to pay a debt or deficit which appears from the accounts.

(8) There shall be proper stock taking of the business

(a) before a manager takes over the management of a business, and

(b) before the manager is discharged.

 

 

 

 

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