Provisional sequestration

Creditor must approach the court twice:

To obtain a provisional order of sequestration

At this stage there must be prima facie (at first sight) satisfaction of the

requirements and the following must be before court:

 Notice of motion

 Master’s certificate that security has been given

 Affidavit of search through records by applicant’s attorney

 Master’s report

 Applicant’s affidavit responding to Master’s report (if any)

 Affidavit setting out manner in which others were informed

After considering these, the court may make an order:

Sequestrating provisionally – simultaneous rule nisi (order calling upon debtor to

show cause, on day mentioned, why his estate should not be finally sequestrated)

Dismissing application

Postponing hearing

To have the provisional order confirmed and made final

At this stage the requirements are proved on a balance of probabilities