[2008] KEHC 1366 (KLR)
The court found, based on the debtor's statement and the Official Receiver's report, that the debtor was unable to pay the debt disclosed in the proceedings. The court was satisfied that the debtor had no steady income and had not deliberately avoided the debt. Consequently, the court adjudged the debtor bankrupt...
Source-derived case information.
- Citation
- [2008] KEHC 1366 (KLR)
- Parties
- Debtor: Francis Kiarie Ng’anga’; Respondent: Official Receiver
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 31 of 2004
- Procedural Posture
- Bankruptcy Cause / Ruling
- Outcome
- Debtor adjudged bankrupt until further orders of the court.
- Judges
- CJ Kendagor
- Legal Topics
- Bankruptcy Adjudication, Insolvency Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Kiarie Ng’anga’
Debtor
Official Receiver
Respondent
Procedural Posture
Bankruptcy Cause / Ruling
Legal Issues
- 1 Whether the debtor is unable to pay the debt disclosed in the proceedings.
- 2 Whether the debtor has deliberately avoided the debt.
Ratio Decidendi
The court found, based on the debtor's statement and the Official Receiver's report, that the debtor was unable to pay the debt disclosed in the proceedings. The court was satisfied that the debtor had no steady income and had not deliberately avoided the debt. Consequently, the court adjudged the debtor bankrupt until further orders, as the legal requirements for bankruptcy adjudication were met.
Court Disposition
Debtor adjudged bankrupt until further orders of the court.
Orders
- The debtor, Francis Kiarie Ng’anga’, is adjudged bankrupt until further orders of this court.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Bankruptcy Cause 31 of 2004
FRANCIS KIARIE NG’ANGA’ …………………………………..DEBTOR
R U L I N G
I have considered the statement of the Debtor in the public examination and the circumstances, both of the debt and the Petitioner. I have also considered the report from the Official Receiver dated 1st October, 2008. I am satisfied that the Debtor is unable to pay the debt disclosed in these proceedings. He has no steady income. He has not deliberately avoided the debt. That being the case, the Debtor is adjudged bankrupt until further orders of this court.
Dated at Nairobi this 9th day of October, 2008.
LESIIT, J.
JUDGE
Read, delivered and signed in presence of:
Ms. Ruto for the Official Receiver
Debtor present in court
LESIIT, J.
JUDGE