Ex Parte Sprawson (In Re Hebron Diamond Mining Syndicate Limited) [1914] ZATPD 88 (11 August 1914)

Company.-Defunct Company.-Bona vacantia.-Money in Guardians' Fund.-Register of Companies.-Restoratj,on.Act 31 of 1909, sec. 196 (6).-Liguidator.-Substitution of.Act 31 of 1909, sec. 160 (ix.).-Company under Act 5 of 1874. -Voluntary liquidation.

Where a company registered wider Act 5 of 1874 had (after resolving to go into voluntary liquidation) been removed from the Register of Companies and dissolved, as defunct, under Sec. 196 of Act 31 of 1909, a sum of money standing to its credit in the Guardians' Fund, Held to be bona vacantia and to have passed to the Crown. The Crown not objecting, the Court, at the instance of a creditor, replaced the name of the company on the Register of Companies, but held it had no power urider Sec. 160 (ix) to appoint a liquidator in place of the one appointed by the company's resolution to go into voluntary liquidation.