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The High Court dismissed preliminary objections on bankruptcy and limitation grounds, holding that leave to sue had been obtained and the claim was not time-barred.
The District Court lacked jurisdiction to entertain the suit after PPSRC was joined as official receiver; the suit was improperly instituted as a representative suit without leave of the court; and leave of the High Court was required before suing the official receiver. The preliminary objections should have been upheld, disposing of the suit entirely.
Source excerpt
Leave of the court is required to sue a corporation under official receivership, but not to sue the Official Receiver themselves.
Source excerpt
The High Court granted leave to sue the Parastatal Sector Reform Commission, holding that the statutory receiver could not be sued without court leave.
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