In re Afriwell Limited (Miscellaneous Application 400 of 2026) [2026] KEHC 4876 (KLR) (Commercial and Tax) (16 April 2026) (Ruling)
The delay in registration was excusable, procedural, and rectifiable, with no prejudice to creditors or members. The Applicants provided a reasonable explanation, and the Court exercised its discretion to extend time under Section 888(1) of the Companies Act.
- Citation
- [2026] KEHC 4876 (KLR)
- Parties
- Applicant: I & M Bank; Applicant: Afriwell Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 16 April 2026
- Case Number
- Miscellaneous Application 400 of 2026
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- application allowed
- Legal Topics
- Registration of Charges, Extension of Time, Procedural Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
I & M Bank
Applicant
Afriwell Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether leave should be granted to register the Charge dated 5th February, 2026 at the Companies Registry out of time
Ratio Decidendi
The delay in registration was excusable, procedural, and rectifiable, with no prejudice to creditors or members. The Applicants provided a reasonable explanation, and the Court exercised its discretion to extend time under Section 888(1) of the Companies Act.
Court Disposition
application allowed
Orders
- Time to register the Charge dated 5th February, 2026 at the Companies Registry is extended for 30 days from the date of the order.
- Costs of the application be in the cause.
Full Case Text
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