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Cap. 13 · Commercial Code (Cap. 13)

Cap. 13 Art. 515Appeal.

Title IV

En vigueurTexte officiel

(1) Any decree made in terms of article 514(1) shall be subject to appeal, by application filed in the registry of the Court of Appeal within twenty (20) days from the date of the decree, and any such appeal shall have no suspensive effects on proceedings in terms of this Part:

Provided that where more than one (1) appeal against the decree is filed, the Court of Appeal shall hear all appeals simultaneously:

Provided further that in hearing the appeal, the Court of Appeal may decide to admit any new document or testimony as evidence of a debt being claimed. Where, however, the Court of Appeal finds that the claim itself, or any new document or testimony related to it, could have been filed at the time of the submissions made in terms of article 511(2), the Court of Appeal may order the appellant to bear the costs of the appeal, in whole or in part.

(2) An appeal against the decree shall not lie on the grounds that a debt, not incurred exclusively in the pursuit of a trade, business, craft or profession, has been incorrectly apportioned in terms of the proviso to article 510(3), except where the respective creditor is able to demonstrate that the apportionment has been performed in a manner that is manifestly incorrect, grossly negligent, or fraudulent.