[2009] KEHC 1349 (KLR)
The court found that the applicant had provided sufficient explanation for the delay in registering the charge, specifically the loss of the file at the Lands office and the time taken to obtain necessary consents and documents. The respondent did not oppose the application and in fact supported it. In the...
Source-derived case information.
- Citation
- [2009] KEHC 1349 (KLR)
- Parties
- Applicant: Barclays Bank of Kenya Limited; Respondent: Limuru Posho Mill Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Miscellaneous Case 853 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to Register Charge
- Outcome
- application granted
- Judges
- A. Ong’injo
- Legal Topics
- Company Charges, Registration of Charges, Extension of Time, Secured Transactions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Barclays Bank of Kenya Limited
Applicant
Limuru Posho Mill Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to Register Charge
Legal Issues
- 1 Whether the court should extend the time for registration of a company charge under Section 102 of the Companies Act.
- 2 Whether the delay in registration was justified by the circumstances presented.
Ratio Decidendi
The court found that the applicant had provided sufficient explanation for the delay in registering the charge, specifically the loss of the file at the Lands office and the time taken to obtain necessary consents and documents. The respondent did not oppose the application and in fact supported it. In the circumstances, the court exercised its discretion under Section 102 of the Companies Act to grant an extension of 30 days from the date of the order for the registration of the charge over Land Reference Number 7882/5, Limuru, Kiambu, in favour of Barclays Bank of Kenya Limited.
Court Disposition
application granted
Orders
- Time for registration of the charge dated 7th May, 2009 over Land Reference Number 7882/5, Limuru, Kiambu in favour of Barclays Bank of Kenya Limited is extended by 30 days from the date of this order.
- Costs in the cause.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Miscellaneous Case 853 of 2009
BARCLAYS BANK OF KENYALIMITED (CHARGEE)....APPLICANT
AND
LIMURU POSHO MILL LIMITED.....................................RESPONDENT
RULING
This application has been brought through notice of motion under Section 96, 97, 98 and 102 of the Companies Act, Cap 486 Laws of Kenya. The same seeks the following orders:
1. THAT this application be certified as urgent and service thereof be dispensed with.
2. THAT this honourable court be pleased to grant an order pursuant to Section 102 of the Companies Act, that the time for the registration in the manner required by section 96 of the said Act of a Charge dated 7th May, 2009 over Land Reference Number 7882/5, Limuru, Kiambu created in favour of Barclays Bank of Kenya Limited by Limuru Posho Mill Limited to secure the sum of Kshs.6,000,000/= be extended to Thirdly (30) days from the date of the order to be made herein or such other period as the court shall deem fit.
During his submissions, Mr. Maweu stated that the charge is dated 7th May, 2009 and hence the period expired on 16th July, 2009. Further to the above, he also submitted that the delay was caused by the fact that the file had gone missing in the Lands office. Apart from the above, he also submitted that on 11th August, 2009 the consents were given by the Kenya Railways and that he obtained the registered documents on 24th September, 2009. It is due to the above reasons that Mr. Maweu requested for extension of 30 days. From the record, it is apparent that the respondent has sworn an affidavit in favour of the application. After carefully considering the application and the reasons given herein, I hereby grant the same in terms of prayer No.2.
Costs in the cause.
MUGA APONDI
JUDGE
Ruling read, signed and delivered in open court in the presence of:
Mr.Maweu………………………………………………….for Applicant ……………………………………………………………for Respondent
MUGA APONDI
JUDGE
16th October, 2009