In re Astral Industries Limited & M-Oriental Bank Limited (Applicant’s) (Miscellaneous Civil Application E452 of 2026) [2026] KEHC 6013 (KLR) (Commercial and Tax) (27 April 2026) (Ruling)

In re Astral Industries Limited & M-Oriental Bank Limited (Applicant’s) (Miscellaneous Civil Application E452 of 2026) [2026] KEHC 6013 (KLR) (Commercial and Tax) (27 April 2026) (Ruling)

The delay in registration was inadvertent, sufficiently explained, and did not prejudice any party. The omission is procedural and rectifiable. It is just and equitable to grant the extension under Section 888(1) of the Companies Act.

Citation
[2026] KEHC 6013 (KLR)
Parties
Applicant: Astral Industries Limited; Applicant: M-Oriental Bank Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
27 April 2026
Case Number
Miscellaneous Civil Application E452 of 2026
Procedural Posture
Miscellaneous Civil Application / Ruling on Ex Parte Notice of Motion
Outcome
application allowed
Legal Topics
Registration of Charges, Extension of Time, Procedural Compliance
Source Language
English

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Parties

Astral Industries Limited

Applicant

M-Oriental Bank Limited

Applicant

Procedural Posture

Miscellaneous Civil Application / Ruling on Ex Parte Notice of Motion

  1. 1 Whether leave should be granted to the Applicant to register the First Legal Charge dated 9th December, 2025 at the Companies Registry out of time

Ratio Decidendi

The delay in registration was inadvertent, sufficiently explained, and did not prejudice any party. The omission is procedural and rectifiable. It is just and equitable to grant the extension under Section 888(1) of the Companies Act.

Court Disposition

application allowed

Orders

  • Time to register the First Legal Charge dated 9th December, 2025 is extended for a further period of thirty (30) days from the date of this order under Section 888(2)(b) of the Companies Act, 2015.
  • Costs of the application be in the cause.