Section 111 of Insolvency Act CAP 53: Judicial enforcement officer to retain proceeds of execution for fourteen days after sale
(1) This section applies if, under execution of a judgment for an amount exceeding ten thousand shillings, the judicial enforcement officer—
(a) sells property of the debtor; or
(b) is paid money in order to avoid a sale.
(2) The judicial enforcement officer is entitled to—
(a) deduct the costs of the execution from the proceeds of sale or the money paid; and
(b) retain the balance for the requisite period, to be applied in accordance with subsection (3) or
(4).
(3) If the judicial enforcement officer is served with notice within the requisite period that a debtor's application has been made, the judicial enforcement officer shall pay the balance to the bankruptcy trustee, who is entitled to retain it as against the execution creditor.
(4) If the judicial enforcement officer is served with notice within the requisite period that a creditor's application has been made in respect of a debtor—
(a) the judicial enforcement officer shall retain the balance until the application, and any other application of which notice is served on the judicial enforcement officer pending disposal of the first application, has been disposed of; and (b) the judicial enforcement officer shall—
(i) if a bankruptcy order is made in respect of the debtor, pay the balance to the bankruptcy trustee; or
(ii) if such an order is not made, pay the balance to the execution creditor, who is entitled to retain it as against the bankruptcy trustee (subject to section 113).
(5) If the judicial enforcement officer is not served with notice within the requisite period that a bankruptcy application has been made in respect of the debtor, that officer shall pay the balance to the execution creditor, who is entitled to retain it as against the bankruptcy trustee.
(6) The requisite period for the purpose of this section is fourteen days from the date of the sale or payment to avoid sale.
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(1) An execution creditor may make an application to the Court for an order setting aside the rights of the bankruptcy trustee under section 110 or 111.
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- Section 119 - Effect of disclaimer
A disclaimer by the bankruptcy trustee—
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(1) A person who sustains loss or damage as a result of disclaimer by the bankruptcy trustee may—
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(1) This section applies to an interest in land that—
(a) is owned by the bankrupt;
(b) is subject to a mortgage or a charge; and
(c) is not disclaimed by the bankruptcy trustee.
(2) The...
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(a) deliver to the bankruptcy trustee relevant documents that are in the bankrupt's possession or control;...
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(a) as soon as practicable after being adjudged bankrupt—
(i) give the bankruptcy trustee a complete and accurate list of the bankrupt's property and of the bankrupt's creditors...
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