[2015] KEHC 4395 (KLR)
The court found that the debtor, Bharadya Vinodray Rajshibaji, was unable to pay his debts, had no assets available for distribution, and failed to propose any composition or scheme for the benefit of creditors. The official receiver's application for public examination confirmed the debtor's insolvency and lack of...
Source-derived case information.
- Citation
- [2015] KEHC 4395 (KLR)
- Parties
- Debtor: Bharadya Vinodray Rajshibaji; Creditor: Breaburn School Limited; Creditor: Dorothy Kamunde; Creditor: K-Rep Bank - Kengeleni Branch; Creditor: Sandra Samba Mwasi Mbogo; Creditor: Wendy Chao Mwasi
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 2 of 2012
- Procedural Posture
- Bankruptcy Petition / Judgment
- Outcome
- Debtor adjudged bankrupt.
- Judges
- MM Kasango
- Legal Topics
- Bankruptcy Proceedings, Insolvency, Creditor Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bharadya Vinodray Rajshibaji
Debtor
Breaburn School Limited
Creditor
Dorothy Kamunde
Creditor
K-Rep Bank - Kengeleni Branch
Creditor
Sandra Samba Mwasi Mbogo
Creditor
Wendy Chao Mwasi
Creditor
Procedural Posture
Bankruptcy Petition / Judgment
Legal Issues
- 1 Whether the debtor should be adjudged bankrupt under the Bankruptcy Act.
- 2 Whether the debtor has any assets available for distribution to creditors.
- 3 Whether the debtor has proposed a viable composition or scheme for creditors.
Ratio Decidendi
The court found that the debtor, Bharadya Vinodray Rajshibaji, was unable to pay his debts, had no assets available for distribution, and failed to propose any composition or scheme for the benefit of creditors. The official receiver's application for public examination confirmed the debtor's insolvency and lack of means. In light of these findings, and pursuant to the petition and the Bankruptcy Act, the court adjudged the debtor bankrupt, as all statutory requirements for such an order were satisfied.
Court Disposition
Debtor adjudged bankrupt.
Orders
- The debtor, Bharadya Vinodray Rajshibaji, is adjudged bankrupt pursuant to the petition dated 10th April 2012.
- Receiving order confirmed as issued on 13th April 2012.
Full Case Text
Judgment text and source record
35 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MOMBASA
BANKRUPTCY NO. 2 OF 2012
BHARADYA VINODRAY RAJSHIBAJI…………….…….DEBTOR
J U D G M E N T
BHARADYA VINODRAY RAJSHIBAJI the debtor herein petitioned to be adjudged bankrupt by his petition dated 10th April 2012.
1. The debtor listed the following as the unsecured creditors:
(a) Breaburn School limited Ksh 981,178,67
(b) Dorothy Kamunde Ksh 800,000
(c) K-Rep Bank- Kengeleni Branch Ksh 106,000
(d) Sandra Samba Mwasi Mbogo Ksh 960,000
(e) Wendy Chao Mwasi Ksh 450,000
2. A receiving order was issued on 13th April 2012.
3. Various creditors meetings have been held with the debtor at the official receiver’s offices that being held on 21st May 2014. The debtor has been unable to propose a composition on scheme for consideration by the debtors. Accordingly on the application of the official receiver the debtor publicly examined on 17th March 2014.
4. In summary the debtor stated that he was operating a business called Vinodray tailors, until he became unwell and the business was unable to operate and thereby was unable to pay debts. He is supported by his daughter who pays his rent and buys him food. The debtor was unable, on being questioned, to state any asset that could be sold to pay the creditors.
5. Accordingly I make the following order:
(a) Pursuant to the petition dated 10th April 2012 against BHARADVA VINODRAY RAJSHIBAJI of Box number 34041-80100 Mombasa on which a receiving Order was made on 13th April 2012 and on reading the petition and all its annextures and on hearing the debtor during Public Examination I do hereby order that the debtor be and the debtor is hereby adjudged Bankrupt.
It is so ordered.
Dated and delivered this 25th day of June 2015.
MARY KASANGO
JUDGE
25. 6.2015
Coram
Before Justice Mary Kasango
C/Assistant- Kavuku
For official Receiver:
For Breaburn School:
For K REP Bank:
For Dorothy Kamande
For Sandra Samba Mwasi:
For Wenduy Chao Mwasi:
Court
Judgment delivered in their present /absence in open court.
MARY KASANGO
JUDGE