CAP. 32]
Disclaimer. R. 73.
Forms 39 and 40.
Vesting of disclaimed property. R. 74.
Companies.
Disclaimer.
63. (1) Any application for leave to disclaim any part of the property of a company pursuant to subsection (1) of section 253 of the Ordinance shall be by ex parte summons. Such summons shall be supported by an affidavit showing who are the parties interested and what their interests are. On the hearing of the summons the court shall give such directions as it sees fit and in particular directions as to the notices to be given to the parties interested or any of them and the court may adjourn the application to enable any such party to attend.
(2) Where a liquidator disclaims a leasehold interest he shall forthwith file the disclaimer at the office of the Registrar and, when the property is situate in the Colony, register a notice thereof in the Land Office. The disclaimer shall contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is filed by the liquidator and, when the property is situate in the Colony, a notice thereof is registered in the Land Office the disclaimer shall be inoperative. A disclaimer shall be in the Form 39 and a notice of disclaimer in the Form 40 in the Appendix with such variations as circumstances may require.
(3) Where any person claims to be interested in any part of the property of a company which the liquidator wishes to disclaim he shall at the request of the liquidator furnish a statement of the interest so claimed by him.
Vesting of Disclaimed Property.
64. (1) Any application under subsection (6) of section 253 of the Ordinance for an order for the vesting of any disclaimed property in or the delivery of any such property to any persons shall be supported by the affidavit filed on the application for leave to disclaim such property.
(2) Where such an application as aforesaid relates to disclaimed property of a leasehold nature and it appears that there is any mortgage by assignment or demise or under-lessee of such property, the court may direct that notice shall be given to such mortgagee or under-lessee
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САР. 32]
Disclaimer. R. 73.
Forms 39 and 40.
Vesting of disclaimed property. R. 74.
Companies.
Disclaimer.
63. (1) Any application for leave to disclaim any part of the property of a company pursuant to subsection (1) of section 253 of the Ordinance shall be by ex parte summons. Such summons shall be supported by an affidavit showing who are the parties interested and what their interests are. On the hearing of the summons the court shall give such directions as it sees fit and in parti- cular directions as to the notices to be given to the parties interested or any of them and the court may adjourn the application to enable any such party to attend.
(2) Where a liquidator disclaims a leasehold interest he shall forthwith file the disclaimer at the office of the Registrar and, when the property is situate in the Colony, register a notice thereof in the Land Office. The disclaimer shail contain particulars of the interest disclaimed and a statement of the persons to whom notice of the disclaimer has been given. Until the disclaimer is filed by the liquida- tor and, when the property is situate in the Colony, a notice thereof is registered in the Land Office the disclaimer shall be inoperative. A disclaimer shall be in the Form 39 and a notice of disclaimer in the Form 40 in the Appendix with such variations as circumstances may require.
(3) Where any person claims to be interested in any part of the property of a company which the liquidator wishes to disclaim he shall at the request of the liquidator furnish a statement of the interest so claimed by him.
Vesting of Disclaimed Property.
64. (1) Any application under subsection (6) of section 253 of the Ordinance for an order for the vesting of any disclaimed property in or the delivery of any such property to any persons shall be supported by the affidavit filed on the application for leave to disclaim such property.
(2) Where such an application as aforesaid relates to disclaimed property of a leasehold nature and it appears that there is any mortgage by assignment or demise or under-lessee of such property, the court may direct that notice shall be given to such mortgagee or under-lessee
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