1988 Ed.] The Rules of the Supreme Court-Order 44
Examination of claims (O. 44, r. 6)
[CAP. 4
A 165
[Subsidiary]
6. (1) Where an account of debts or other liabilities of the estate of a deceased person has been directed, such party as the Court may direct must-
(a) examine the claims of persons claiming to be creditors of the estate,
(b) determine, so far as he is able, to which of such claims the estate is liable, and
(c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them and listing all the other debts of the deceased which are or may still be due.
(2) Where an inquiry for next of kin or other unascertained claimants has been directed, such party as the Court may direct must-
(a) examine the claims,
(b) determine, so far as he is able, which of them are valid, and
(c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them.
(3) If the personal representative or trustee concerned are not the parties directed by the Court to examine claims, they must join with the party directed to examine them in making the affidavit required by this rule.
Adjudication on claims (O. 44, r. 7)
7. For the purpose of adjudicating on claims the Court may
(a) direct any claim to be investigated in such manner as it thinks fit,
(b) require any claimant to attend and prove his claim or to furnish further particulars or evidence of it, or
(c) allow any claim after or without proof thereof.
Notice of adjudication (O. 44, r. 8)
8. The Court shall give directions that there be served on every creditor whose claim or any part thereof has been allowed or disallowed, and who did not attend when the claim was disposed of, a notice informing him of that fact.
Interest on debts (O. 44, r. 9)
9. (1) Where an account of the debts of a deceased person is directed by any judgment, then, unless the deceased's estate is insolvent or the Court otherwise orders, interest shall be allowed-
Page 165
Page 166
1988 Ed.] The Rules of the Supreme Court-Order 44
Examination of claims (O. 44, г. 6)
[CAP. 4
A 165
[Subsidiary]
6. (1) Where an account of debts or other liabilities of the estate of a deceased person has been directed, such party as the Court may direct must-
(a) examine the claims of persons claiming to be creditors of
the estate,
(b) determine, so far as he is able, to which of such claims the
estate is liable, and
(c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them and listing all the other debts of the deceased which are or may still be due.
(2) Where an inquiry for next of kin or other unascertained claimants has been directed, such party as the Court may direct
must-
(a) examine the claims,
(b) determine, so far as he is able, which of them are valid, and
(c) at least seven clear days before the time appointed for adjudicating on claims, make an affidavit stating his findings and his reasons for them.
(3) If the personal representative or trustee concerned are not the parties directed by the Court to examine claims, they must join with the party directed to examine them in making the affidavit required by this rule.
Adjudication on claims (O. 44, r. 7)
may
7. For the purpose of adjudicating on claims the Court
(a) direct any claim to be investigated in such manner as it
thinks fit,
(b) require any claimant to attend and prove his claim or to
furnish further particulars or evidence of it, or
(c) allow any claim after or without proof thereof.
Notice of adjudication (O. 44, r. 8)
8. The Court shall give directions that there be served on every creditor whose claim or any part thereof has been allowed or disallowed, and who did not attend when the claim was disposed of, a notice informing him of that fact.
Interest on debts (O. 44, r. 9)
9. (1) Where an account of the debts of a deceased person is directed by any judgment, then, unless the deceased's estate is insolvent or the Court otherwise orders, interest shall be allowed-
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