Phebus vs Fernando – clr volume 1 page 026

In the case between the assignee of the insolvent estate of John Gregory de Kroes (Plaintiff) and the executor of the will and codicils of W. M. de Kroes (Defendant), the court addressed whether an assignee in insolvency must first obtain leave of Court under section 70 of the Insolvency Ordinance No. 7 of 1853 before instituting an action to recover a legacy bequeathed to the insolvent. It was held that a failure to secure such leave, or to allege it in the pleadings, deprives the assignee of locus standi and mandates the dismissal of the action. This ruling reaffirmed the principle that statutory preconditions for action by insolvency assignees are mandatory and strictly applied. Reliance was placed on the provisions of the Insolvency Ordinance No. 7 of 1853, emphasizing that statutory r