https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9258
The court held that the delay in registering the Replacement Charge was adequately explained by inadvertent misplacement of the registry file during digitization, that the Applicant was not negligent or in deliberate default, and that no prejudice would be caused to creditors or other interested parties; the...
Source-derived case information.
- Citation
- [2026] KEHC 9258 (KLR)
- Parties
- Applicant: Bank of Baroda (Kenya) Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 725 of 2026
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Application for Extension of Time to Register Replacement Charge
- Outcome
- Application allowed
- Judges
- ["MO Ado"]
- Legal Topics
- Extension of Time for Registration of Charge, Replacement Charge, Registration at Companies Registry, Inadvertent Delay, Digitization and Registry File Misplacement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bank of Baroda (Kenya) Limited
Applicant
Procedural Posture
Miscellaneous Civil Application / Ruling on Application for Extension of Time to Register Replacement Charge
Legal Issues
- 1 Whether the court should extend time under section 888 of the Companies Act for registration of the Replacement Charge
- 2 Whether the delay was accidental, inadvertent, or otherwise sufficiently explained
- 3 Whether any prejudice would be suffered by creditors or other interested parties
Ratio Decidendi
The court held that the delay in registering the Replacement Charge was adequately explained by inadvertent misplacement of the registry file during digitization, that the Applicant was not negligent or in deliberate default, and that no prejudice would be caused to creditors or other interested parties; the statutory threshold under section 888 was therefore met and time was extended.
Court Disposition
Application allowed
Orders
- Time for registration of the Replacement Charge dated 5 August 2025 is extended by thirty (30) days from the date of the order.
- The Registrar of Companies shall accept and register the Charge upon presentation together with a certified copy of the order and compliance with the requisite statutory requirements.
Full Case Text
Judgment text and source record
1 paragraphs
In re Bank of Baroda (Kenya) Ltd (Miscellaneous Civil Application 725 of 2026) [2026] KEHC 9258 (KLR) (24 June 2026) (Ruling) Neutral citation: [2026] KEHC 9258 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Commercial Courts) Miscellaneous Civil Application 725 of 2026 MO Ado, J June 24, 2026 IN THE MATTER OF BAHATI INDUSTRIES LIMITED AND IN THE MATTER OF THE COMPANIES ACT, 2015 AND IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME TO REGISTER A REPLACEMENT CHARGE In the matter of Bank Of Baroda (Kenya) Limited Applicant Ruling 1.The Applicant seeks an order under Section 888 of the Companies Act extending time within which to register a Replacement Charge dated 5th August 2025 over Title No. Nairobi/Block 165/601. 2.The application is supported by the affidavit of Beatrice Mutahi, Advocate, who depones that the Charge was registered at the Lands Registry on 6th August 2025 but could not be registered at the Companies Registry within the prescribed period due to delays occasioned by the inadvertent misplacement of the registry file during the digitization process. 3.Under Section 888 of the Companies Act, the Court may extend the time for registration where the omission is accidental, due to inadvertence, or for other sufficient cause. 4.I am satisfied that the delay has been adequately explained and was not occasioned by negligence or deliberate default on the part of the Applicant. There is also no evidence that any creditor or other interested party will suffer prejudice if the extension is granted. 5.Consequently, the application is merited. 6.Accordingly, I order as follows: 7.Time for registration of the Replacement Charge dated 5th August 2025 is hereby extended by thirty (30) days from the date of this order. 8.The Registrar of Companies shall accept and register the said Charge upon presentation together with a certified copy of this order and upon compliance with the requisite statutory requirements. 9.Costs shall be in the cause. 10.It is so ordered. DATED, SIGNED, AND DELIVERED AT NAIROBI THIS 24TH DAY OF JUNE 2026HON. MR. JUSTICE MOSES ADOJUDGE OF THE HIGH COURT