Section 8. Effect of non-registration and right to enforce contracts. (REGISTRATION OF BUSINESSES ACT 1956 (REVISED - 1978)

ACT 197
REGISTRATION OF BUSINESSES ACT 1956 (REVISED - 1978)

PART II - REGISTRATION, RENEWAL AND TERMINATION OF BUSINESS

Section 8. Effect of non-registration and right to enforce contracts.

(1) So long as the prescribed particulars in respect of any person who is or who claims to be an associate of any business are not recorded in the register, no right of such person under or arising out of any contract made or entered into by or on behalf of such person in relation to such business shall be enforceable by suit or other legal proceeding either in the name of such business or in his individual name or otherwise:

Provided that -

(

) such person may apply to the High Court for relief against the disability imposed by this section and such court, on being satisfied that the default was accidental or due to inadvertence or to fraud on such person or to some other sufficient cause or that on other grounds it is just and equitable to grant relief, may grant such relief, either generally or in relation to any particular contract, as to the court may seem just, on condition that the costs of the application be paid by such person (unless the court otherwise orders) and on such other conditions, if any, as the court may impose; but such relief shall not be granted except on such service and such publication of notice of the application as the court may order, nor shall relief be given in respect of any contract if any party to the contract proves to the satisfaction of the court that, if this Act had been complied with, such party would not have entered into the contract;

(

) if any suit or proceeding shall be commenced by any other party against such person to enforce the rights of such party in respect of any such contract, nothing in this section contained shall preclude such person from enforcing in that suit or proceeding, by way of counter-claim, set-off or otherwise, such rights as he may have against that party in respect of such contract.

(2) Nothing in this section shall prejudice the rights of any other parties as against such person in respect of any contract.

(3) In any application made under proviso (a) to subsection (1) the applicant may ask for rectification of the register and the court may order accordingly.