[2005] KEHC 3141 (KLR)
The court found that all affairs of Morven Kenya Limited had been properly concluded, as evidenced by the liquidator's statement of account and the prior dissolution order. There were no outstanding matters requiring the liquidator's attention. In accordance with section 247 of the Companies Act and the Companies...
Source-derived case information.
- Citation
- [2005] KEHC 3141 (KLR)
- Parties
- Applicant: Mr. Njoka Mwangi; Respondent: Morven Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Winding Up Cause 29 of 2003
- Procedural Posture
- Winding Up Cause / Application for Release of Liquidator After Dissolution
- Outcome
- Application granted; liquidator released from mandate.
- Legal Topics
- Company Winding Up, Liquidator Release, Company Dissolution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mr. Njoka Mwangi
Applicant
Morven Kenya Limited
Respondent
Procedural Posture
Winding Up Cause / Application for Release of Liquidator After Dissolution
Legal Issues
- 1 Whether the liquidator should be released from his mandate after the company has been dissolved.
- 2 Whether all affairs of the company have been properly concluded in accordance with the law.
Ratio Decidendi
The court found that all affairs of Morven Kenya Limited had been properly concluded, as evidenced by the liquidator's statement of account and the prior dissolution order. There were no outstanding matters requiring the liquidator's attention. In accordance with section 247 of the Companies Act and the Companies (Winding-up) Rules, the court held that the liquidator was entitled to be released from his mandate. The application was therefore granted as prayed, with no order as to costs.
Court Disposition
Application granted; liquidator released from mandate.
Orders
- Mr. Njoka Mwangi is released from his mandate as Receiver and Interim Liquidator of Morven Kenya Limited.
- No order as to costs.
Full Case Text
Judgment text and source record
9 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBICOMMERCIAL DIVISION, MILIMANIWinding Up Cause 29 of 2003
IN THE MATTER OF MORVEN KENYA LIMITED
ANDIN THE MATTER OF THE COMPANIES ACT, CAP 486R U L I N G
On 8th November, 2004 this court (Waweru, J.) ordered that the Company herein,MORVEN KENYA LIMITED, be and was thereby dissolved. It also ordered that the books and papers of the Company be handed over to and remain in the custody of two of its directors, DORIS K. MWITI and MARTIN M. KABURIAH. That order of dissolution had been preceded by an order of the court (Ibrahim, J.) of 15th December, 2003 for the voluntary winding up of the Company under supervision of the court. By that order MR. NJOKA MWANGI, Certified Public Accountant, was appointed Receiver and Interim Liquidator of the Company. Mr. Njoka has now applied by notice of motion dated 7th November, 2005 that he be released from that mandate as the Company has already been dissolved. The application is made under Rules 7(1) and 192 (1) and (2) of the Companies (Winding-up) Rules, and also under section 247 of the Companies Act Cap 486. That section provides for various instances when a liquidator may be released. Before it made the order of dissolution of the Company of 8th November, 2004 the court noted that the Receiver and Interim Liquidator had filed a liquidator’s statement of account dated 28th September, 2004 which showed that the assets of the Company comprising furniture and fittings, and machines and office equipment had been sold, and the proceeds realized thereby, in addition to the cash available to the bank, utilized to make various payments, including income tax, audit fees, lawyer’s fees and liquidator’s fee.
It appeared to the court that all the affairs of the Company had been properly taken care of and there was nothing outstanding to be done. This being the state of affairs, I will grant the application as prayed with no order as to costs. Order accordingly.DATED AND SIGNED AT NAIROBI THIS 13TH DECEMBER, 2005.
H.P.G. WAWERU
JUDGE
DELIVERED THIS 16TH DAY OF DECEMBER, 2005.