[1] Two appeals were argued before us last week. The appeals relate to two specific questions namely:

(a) Whether the word "debtor" in "to recover the debts owed to him by the debtor" in s 5(4) of the Insolvency Act 1967 refers to the guarantor or the principal debtor;

(b) When or at what point should an application for leave under s 5(3)(b) of the Insolvency Act 1967 be made?

Issue (a): Whether The Word "Debtor" In "To Recover The Debts Owed To Him By The Debtor" In Section 5 (4) Of The Insolvency Act 1967 Refers To The Guarantor Or The Principal Debtor

[2] With respect to issue (a) we are satisfied upon a consideration of the judgment of the learned judge as well as the submissions both written and oral of learned counsel for the appellants in both appeals as well as the respondents, that the learned Judge erred in construing the word "debtor" in s 5(4) o