In Re: Conceicao Piedade Joanes; (Cause No. 38 of 1937) [1944] EACA 10 (1 January 1944)

## BANKRUPTCY JURISDICTION

## Before BARTLEY, J.

## Re: CONCEICAO PIEDADE JOANES, carrying on business as MORGAN & Co., Bankrupt

## Cause No. 38 of 1937

Bankruptcy—Effect of order of discharge being made but suspended for a stated period on a previous order for payment of monthly sum to the Official Receiver.

The facts appear sufficiently from the directions given to the Official Receiver.

Held (15-5-44).—That if during bankruptcy proceedings a bankrupt is ordered to pay a monthly<br>sum to the Official Receiver on a subsequent order of discharge being made subject to a period of suspension if the order of discharge contains no order for the continuation of the payment of the monthly sum previously ordered to be paid the bankrupt is only liable to pay the monthly sum up to the date of the order suspending the discharge.

This is an application by the Official Receiver for directions. The facts are that on the 29th September, 1939, the debtor was ordered to pay Sh. 20 per month to the Official Receiver during his bankruptcy commencing as from the 15th October, 1939. The debtor paid instalments up to and including the month of August, 1943, Instalments from that date have not been paid.

On the 12th November, 1943, on the application of the debtor this Court made an order of discharge but suspended it for a period of three years. The question for decision is whether the debtor is liable to pay the Sh. 20 per month up to the date on which the order of discharge takes effect, i.e. the 12th November, 1946, or whether he is only liable to pay that sum monthly up to the date of the order granting the discharge subject to suspension. I have not to decide whether or not this Court in granting the discharge could have made an order suspending it for three years and also ordering the debtor to continue paying Sh. 20 per month. The Court did not make any such order. In granting the discharge the Court inflicted a punishment by suspending the discharge for three years and in view of the decision in *in re Gold ex parte Gold* 8 Morrell 45 in my view the debtor is only liable to pay the Sh. 20 per month up to the 12th November, 1943.