Lewis v Qually [1911] ZATPD 113 (3 August 1911)

Insolvency - Adjudication - Creditor preventing Debtor dealing with Assets - Law 13 of 1895

Where a debtor had committed an act of insolvency by means of a return of nulla bona to a writ, issued at the instance of a creditor, who thereupon applied for the sequestration of the debtor's estate.

Held, that even if the creditor were withholding possession of a building from the debtor, in the absence of proof that the creditor had wrongfully prevented the debtor from getting at and dealing with his assets, sufficient cause did not exist for the application to be refused.