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Law library · Sierra Leone · The Companies Act, 2009

Section 452, The Companies Act, 2009

In forceThe Companies Act, 2009, Sierra Leone

(1) Where a creditor has issued execution against thegoods or lands of a company or has attached any debt due to it, and the company is subsequently wound up, he shall not be entitled to retain the benefit of the execution or attachment against the liquidator in the winding up of the company unless he has completed the execution or attachment before the commencement of the winding up; but– 320 321 Restriction of rights of creditor in being wound (a) where any creditor has had notice of a meeting having been called at which a resolution for voluntary winding-up is to be proposed, the date on which the creditor had the notice shall for the purposes of subsection (1) be substituted for the date of the commencement of the winding up; and (b) a person who purchases in good faith under a sale by the sheriff of any goods of a company on which execution has been levied shall in all cases acquire a good title to them against the liquidator. (2) For the purposes of this section– (a) an execution against goods shall be taken to be completed by seizure and sale; (b) an attachment of a debt shall be deemed to be completed by receipt of the debt; and (c) execution against land shall be deemed to be completed by seizure and , in the case of an equitable interest, by the appointment of a receiver. (3) In this section the expression “goods” includes all chattels personal, and the expression “sheriff” includes any officer charged with the execution of a writ or other process.

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