Ex Parte Sheen [1914] ZATPD 111 (29 October 1914)

Reported
Flynote

Insolvency law.-Rehabilitation.-Fraud in civil proceedings.Acquittal
in criminal proceedings.-Opposition by Master.

Case summary

An insolvent sued au insurance company to recover the amount for which his store was insured. The claim was dismissed with costs as being fraudulent. He was there reopen prosecuted criminally on a charge of fraud, but was found not guilty. In an application for rehabilitation based upon an offer of composition having been duly accepted by creditors, the Master opposed, Held, that the ground of objection had been disposed of in the criminal proceedings, and that the rehabilitation should therefore be granted.


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