Commercial Dispute Processing and Japan

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In all other cases, the party must apply to the court for a default judgment. To signify their consent, the parties must jointly or separately file a statement consenting to the referral. Application may be made to the Court by any such consular officer or by any person authorised by him in writing and under the by consular seal, for leave to administer the estate of the deceased and the Court may make such order as to security for payment of debts and the method of administration as the Court shall think fit and vary such order when and so often as is expedient. 41. (1) Every person to whom a grant of probate or letters of administration has or have been made and every administrator appointed by the Court shall, if called upon by the Court so to do, file in Court the accounts of his administration and shall thereafter file such further periodic accounts as the Court may direct until the completion of the administration. (2) Any such executor or administrator who fails within any such period to file his accounts as aforesaid shall be liable to such penalty not exceeding one hundred naira as the Court may think fit to impose and every such fine shall on non-payment be enforceable by distress, and failing sufficient distress, by imprisonment for a term not exceeding six months. (3) When an account is filed in Court under this rule, the Court shall scrutinise the account and if it appears to the Court that by reason of improper unvouched or unjustifiable entries or otherwise the account is not a full and proper account, the Court may give written notice to the person filing the account to remedy such defects as there may be within such time as to the Court may seem reasonable for the purpose and on failure to remedy such defects within such time, the person who filed such defective account shall be deemed to have failed to file an account within the meaning and proceedings may be taken against that person accordingly. (4) The Court may, on the motion of any party interested, or of its own motion, summon any executor or administrator failing as aforesaid, to show cause why he should not be punished. (5) The Court may for good cause shown extend the time for such filing of accounts. (6) Any executor or administrator who has been granted an extension of time to file such accounts and who fails within such extended time to file such accounts, shall be liable to the penalty set out above and the procedure for bringing him before the Court shall be as set out above. (7) It shall be the duty of the Probate Registrar to bring to the notice of the Court the fact that any executor or administrator has failed to file his accounts as required by this rule. (8) Such accounts shall be open free of charge to the inspection of all persons satisfying the Probate Registrar that they are interested in the administration. (9) In this rule, the word "accounts" includes an inventory, an account of the administration, the vouchers in the hands of the executor or administrator relating thereto and an affidavit in verification. 42.

Pages: 456

Publisher: Kluwer Law International; 1 edition (August 1, 2001)

ISBN: 9041116680

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