BANKRUPTCY ACT

Section 30: Power of court to annul adjudication in certain cases.

1979Section 30 of 143Federal Republic of Nigeria

(1) Where in the opinion of the court a debtor ought not to have been adjudged bankrupt, or where the court is satisfied that the assets for division among the unsecured creditors after payment of all costs, charges and expenses and the debts which are preferential under this Act are not and will not be sufficient to pay a dividend of fifteen per cent, or where it is proved to the satisfaction of the court that the debts of the bankrupt are paid in full, the court may, on the application of any person interested, by order annul the adjudication.
(2) Where an adjudication is annulled under this section all sales and dispositions of property and payments duly made, and all acts theretofore done, by the Official Receiver, trustee or other person acting under their authority, or by the court, shall be valid, but the property of the debtor who was adjudged bankrupt shall vest in such person as the court may appoint, or in default of any such appointment revert to the debtor for all his estate or interest therein on such terms and subject to such conditions, if any, as the court may order.
(3) Notice of the order annulling an adjudication shall be forthwith be published in the Federal Gazette and unless otherwise prescribed shall be advertised in at least two daily newspapers.
(4) For the purposes of this section, any debt disputed by a debtor shall be considered as paid in full if the debtor enters into a bond, in such sum and with such sureties as the court approves, to pay the amount to be recovered in any proceedings for the recovery of or concerning the debt, with costs, and any debt due to a creditor who cannot be found or cannot be identified shall be considered as paid in full if paid into court.

Cite this section

Section 30, BANKRUPTCY ACT (1979).

https://repo.podus.ai/laws/bankruptcy-act/section/30/