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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