[2010] KEHC 3631 (KLR)
The court found that the applicant had provided a reasonable explanation for the delay in registering the charge, namely the delay caused by the Vendor's advocate in completing the necessary documents. Exercising its discretion under section 102 of the Companies Act and the relevant procedural rules, the court...
Source-derived case information.
- Citation
- [2010] KEHC 3631 (KLR)
- Parties
- Applicant: K-PALS Limited; Respondent: Savings and Loan Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 1040 of 2009
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Extension of Time to Register Charge
- Outcome
- Application allowed. Time for registration of the charge extended by 45 days from the date of the ruling.
- Judges
- A. Ong’injo
- Legal Topics
- Company Charge Registration, Extension of Time, Property Charge, Procedural Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
K-PALS Limited
Applicant
Savings and Loan Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Extension of Time to Register Charge
Legal Issues
- 1 Whether the court should grant leave to extend the time for registration of the charge document dated 29th May, 2009 against Apartment No. B2 on L.R. 209/11053, Nairobi.
- 2 Whether the delay in registration was justified by the actions of the Vendor's advocate.
Ratio Decidendi
The court found that the applicant had provided a reasonable explanation for the delay in registering the charge, namely the delay caused by the Vendor's advocate in completing the necessary documents. Exercising its discretion under section 102 of the Companies Act and the relevant procedural rules, the court determined that it was just and equitable to grant an extension of time for registration of the charge. The court therefore allowed the application and extended the time for registration by 45 days from the date of the ruling.
Court Disposition
Application allowed. Time for registration of the charge extended by 45 days from the date of the ruling.
Orders
- The time for registration of the charge document dated 29th May 2009 against the lease for Apartment No. B2 on L.R. No. 209/11053 Nairobi is extended for 45 days from today.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Miscellaneous Application 1040 of 2009
IN THE MATTER OF K-PALS LIMITED AND
IN THE MATTTEROF CHARGE OVER APARTMENT
NO. B1 ON L.R. NO. 209/11053. KENWOOD APARTMENTS,
NAIROBI BY SAVINGS AND LOAN KENYA LIMITED
R U L I N G
This ruling relates to a notice of motion application brought under section 102 of the Companies Act and Rules 8(b) of the Companies (High Court) rules, and Section 3 and 3A of the Civil Procedure Act, Cap 21 Laws of Kenya. It seeks the following orders
a)The firm of Robson Harris and Companies Advocates be granted leave to come on record for the Applicant herein.
b)The application herein be certified as urgent and be heard in the first instance.
c)The time for registration of the Charge document dated 29th May, 2009 again the Lease of the property Apartment Number B2 erected on Land Reference Number 209/11053, Nairobi be extended.
d)The costs of this application be borne by the applicant.
During the hearing of the application, the applicant’s counsel Mr. Muga sought the leave of the court to extend the time for registration of the charge document dated 29th May, 2009 against the property which is apartment No. B2 on L.R. 209/11053 Nairobi. The application has been supported by the affidavit of Serah Wairimu Wambugu. According to Mr. Muga the charge was not registered on time since the Vendor’s advocate delayed in completing the documents. It is on that basis that he has prayed for extension of time for registration of the charge.
After carefully considering the application together with the annextures, I hereby grant the same in terms of prayer No. c. Specifically, I hereby direct that the time for registration of the charge document dated 29th May 2009 against the lease for the property Apartment No. B2 erected on L.R. No. 209/11053 Nairobi be extended for a period of 45 days from today.
Those are the orders of this court.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of: Mr. Saende for Muga - Applicant’s Counsel
MUGA APONDI
JUDGE
16TH FEBRUARY 2010