[2022] KEHC 15599 (KLR)

Galot v Manchester Outfitters Ltd; Galot & 2 others (Interested Parties) (Insolvency Petition E028 of 2019) [2022] KEHC 15599 (KLR) (Commercial and Tax) (2 November 2022) (Directions)

Neutral citation: [2022] KEHC 15599 (KLR)

Republic of Kenya

In the High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Commercial and Tax

Insolvency Petition E028 of 2019

DO Chepkwony, J

November 2, 2022

Between

Mohan Galot

Plaintiff

and

Manchester Outfitters Ltd

Respondent

and

Pravin Galot

Interested Party

Rajesh Galot

Interested Party

Ganesh Galot

Interested Party

Directions

1. The matter is for mention for parties to confirm whether Manchester Outfitters Ltd, the respondent has filed their submissions.

2. Upon listening to all counsel present for parties herein, Mr. Musyoka, counsel for the respondent Manchester Outfitters Ltd has brought to the attention of court an application dated October 6, 2022which was filed by the said respondent and directions issued in respect of its service and disposition.

3. According to Mr. Musyoka, the application dated October 6, 2022, argue to be determined first because it raises the issue of representation of the parties by counsel on record. He is supported on this by Mr. Kaka for the 2nd interested party, Mr. Kenyatta for the 1st interested party and Mr. Were for the 3rd Interested Party.

4. Mr. Tiego, counsel for the petitioner and Mr. George Gilbert are of a different. According to Mr. Tiego, the applications could be dispensed of contemporaneously in the interest of saving on judicial time as anticipated by the overriding objections under sections 1A, 1B and 3B of the Civil Procedure Act and article 159 of the Constitution. However, he would have no problem with the respondent’s counsel taking as much time as they wish to have the dispute resolved as long as the interim orders issued on January 28, 2022 remains in force. Mr. George Gilbert for the respondent, through M/S Awiti, is also of the same opinion as Mr. Tiego.

5. I have perused the record to establish and confirm the nature of prayers sought in the applications in this matter so as to give directions as to their disposal by the parties in an effective and expeditious manner.

6. I have established that the application dated January 27, 2022 seeks to restrain the interested parties from removing or carrying away some moveable assets belonging to the respondent Company. It also seeks further orders to set aside earlier orders issued for stay of proceedings herein.

7. I am persuaded that the determination of those prayers as well as the prayers in the application dated October 6, 2022 can well be addressed together on merit without prejudicing any of the parties, and or their respective interests.

8. Consequently, to achieve this court’s objective as afore-stated, the following directions do issue:-a.The applications dated January 27, 2022 and October 6, 2022 shall be canvassed together by way of written submissions.b.Since directions on filing of submissions with respect to the application dated January 27, 2022 had issued and parties have complied;i.The petitioner is granted leave to file and serve further submissions in respect of the application dated January 27, 2022 within 14 days from the date hereof.ii.The applicant (1st interested party) to file and serve their written submissions in respect to the application dated October 6, 2022 within 14 days from the date hereof.iii.The other parties are equally granted 14 days corresponding leave to file and serve their written submissions upon being served by the 1st interested party.c.Highlighting of submissions on 1January 8, 2023. It is so ordered.

DIRECTIONS DELIVERED VIRTUALLY, DATED AND SIGNED AT NAIROBI THIS 2NDDAY OF NOVEMBER,, 2022. D. O. CHEPKWONYJUDGEIn the presence of:Mr. Tiego counsel for PetitionerM/S Awiti holding brief for Mr. George Gilbert counsel for RespondentMr. Were counsel for 3rd Interested Party holding brief for Mr. Kenyatta counsel for 1st Interested PartyCourt Assisant - Sakina