[2024] KEHC 6685 (KLR)
The court found that the petition for voluntary winding up of Reliance Hauliers Limited had not been prosecuted since it was stood over generally on 26th February 2004. As there had been no steps taken to advance the matter for over 20 years, the court exercised its discretion to dismiss the petition for want of...
Source-derived case information.
- Citation
- [2024] KEHC 6685 (KLR)
- Parties
- Respondent: Reliance Hauliers Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 106 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling
- Outcome
- petition dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Company Winding Up, Voluntary Liquidation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Reliance Hauliers Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling
Legal Issues
- 1 Whether the petition for voluntary winding up should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the petition for voluntary winding up of Reliance Hauliers Limited had not been prosecuted since it was stood over generally on 26th February 2004. As there had been no steps taken to advance the matter for over 20 years, the court exercised its discretion to dismiss the petition for want of prosecution and ordered the file closed.
Court Disposition
petition dismissed for want of prosecution
Orders
- The Petition for winding up dated 20th May 2003 is dismissed for want of prosecution.
- This file is closed.
Full Case Text
Judgment text and source record
12 paragraphs
In re Reliance Hauliers Limited (Miscellaneous Civil Application 106 of 2003) [2024] KEHC 6685 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6685 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 106 of 2003
RE Aburili, J
June 3, 2024
Ruling
1. This is a matter for voluntary winding up of a company, Reliance Hauliers Limited, which has never been prosecuted since the matter was stood over generally on 26th February 2004 by Warsame J (as he then was).
2. The Petition for winding up dated 20th May 2003 is hereby dismissed for want of prosecution.
3. This file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE