Law library · Sierra Leone · The Bankruptcy Act, 2009
Section 69, The Bankruptcy Act, 2009
Status not yet checkedThe Bankruptcy Act, 2009, Sierra Leone
(1) Where a debt has been proved and the debt includesinterest or any pecuniary consideration in lieu of interest, such interest
or consideration shall, for the purposes of dividend, be calculated at
a rate not exceeding one per cent above the prevailing bank rate and
be calculated only up to the right of a creditor to receive out of the
estate any higher rate of interest to which he may be entitled after all
the debts proved in the estate have been paid in full.
(2) In dealing with the proof of the debt, the following rules
shall be observed:-
(a) any account settled between the debtor and
the creditor within three years preceding
the date of the receiving order may be
examined, and if it appears that the settlement
of the account forms substantially one
transaction with any debt alleged to be due
out of the debtor’s estate (whether in the form
of renewal of a loan or capitalisation of
interest or ascertainment of loans or
otherwise) the account may be re-opened and
the whole transaction treated as one;
(b) any payment made by the debtor to the
creditor before the receiving order, whether
by way of bonus or otherwise, and any sums
received by the creditor before the receiving
order from the realisation of any security for
the debt shall, notwithstanding any agreement to the contrary, be appropriated to
principal and interest in the proportion that
the principal bears to the sum payable as
interest at the agreed rate;
(c) where the debt due is secured and the
security is realised after the receiving order,
or its value is assessed in the proof, the
amount realised or assessed shall be
appropriated to the satisfaction of principal
and interest in the proportion that the
principal bears to the sum payable as interest
at the agreed rate.
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