[2024] KEHC 9137 (KLR)
The court found that the application to rescind the receiving order and discharge the Official Receiver was supported by plausible reasons and was unopposed. In the exercise of its discretion under the relevant insolvency laws, the court allowed the application as presented, thereby rescinding the receiving order...
Source-derived case information.
- Citation
- [2024] KEHC 9137 (KLR)
- Parties
- Applicant: Matano Mohamed Mwakwa Phasa; Respondent: Official Receiver
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 2 of 2016
- Procedural Posture
- Bankruptcy Cause / Ruling on Application to Rescind Receiving Order and Discharge Official Receiver
- Outcome
- Application allowed; receiving order rescinded and Official Receiver discharged as Interim Receiver.
- Judges
- JK Ng'arng'ar
- Legal Topics
- Bankruptcy Proceedings, Receiving Orders, Discharge of Official Receiver
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Matano Mohamed Mwakwa Phasa
Applicant
Official Receiver
Respondent
Procedural Posture
Bankruptcy Cause / Ruling on Application to Rescind Receiving Order and Discharge Official Receiver
Legal Issues
- 1 Whether the receiving order made against the debtor's estate on 19/7/2016 should be rescinded.
- 2 Whether the Official Receiver should be discharged as Interim Receiver of the debtor’s estate.
Ratio Decidendi
The court found that the application to rescind the receiving order and discharge the Official Receiver was supported by plausible reasons and was unopposed. In the exercise of its discretion under the relevant insolvency laws, the court allowed the application as presented, thereby rescinding the receiving order made against the debtor's estate and discharging the Official Receiver as Interim Receiver.
Court Disposition
Application allowed; receiving order rescinded and Official Receiver discharged as Interim Receiver.
Orders
- The receiving order made against the debtor's estate on 19/7/2016 is rescinded.
- The Official Receiver is discharged as Interim Receiver of the debtor’s estate.
Full Case Text
Judgment text and source record
14 paragraphs
In re Matano Mohamed Mwakwa Phasa (Debtor) (Bankruptcy Cause 2 of 2016) [2024] KEHC 9137 (KLR) (24 July 2024) (Ruling)
Neutral citation: [2024] KEHC 9137 (KLR)
Republic of Kenya
In the High Court at Mombasa
Bankruptcy Cause 2 of 2016
JK Ng'arng'ar, J
July 24, 2024
IN THE MATTER OF THE BANKRUPTCY ACT CAP 53 (NOW REPEALED) IN THE MATTER OF THE INSOLVENCY ACT 2015 BANKRUPTCY CAUSE NO. 2 OF 2016 IN THE MATTER OF MATANO MOHAMED MWAKWA PHASA (DEBTOR)
Ruling
1. This is a ruling to the application dated 9/4/2024. The application was served.
2. It seeks orders that the court be pleased to rescind the receiving order made against the Debtors Estate on 19/7/2016. Further that the Court be pleased to discharge the Official Receiver as Interim Receiver of the Debtor’s estate.
3. It is supported by the affidavit of Matano Mohammed Mwakaphasa (debtor). I have considered the application. The same is not opposed.
4. The reasons are plausible. Accordingly, I do proceed to allow the application dated 9/4/2024 as presented.
DATED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 24TH DAY OF JULY, 2024. ………………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of: -Chebukaka & Associates Advocates for the Debtor/ApplicantPresent for Official ReceiverCourt Assistant – Samuel Shitemi