[2024] KEHC 6686 (KLR)
The court found that the petition for voluntary winding up of Shabana Motors Limited had not been prosecuted for over 20 years, and that no publication had been done as required by law. The matter had therefore been overtaken by events by operation of law. The court exercised its discretion to dismiss the petition...
Source-derived case information.
- Citation
- [2024] KEHC 6686 (KLR)
- Parties
- Applicant: Shabana Motors Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 101 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Petition for Voluntary Winding Up; Dismissal for Want of Prosecution
- Outcome
- petition dismissed for want of prosecution
- Judges
- RE Aburili
- Legal Topics
- Company Winding Up, Voluntary Liquidation, Dismissal for Want of Prosecution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Shabana Motors Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Petition for Voluntary Winding Up; Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the petition for voluntary winding up should be allowed to proceed after over 20 years of inactivity.
- 2 Whether the petition should be dismissed for want of prosecution.
Ratio Decidendi
The court found that the petition for voluntary winding up of Shabana Motors Limited had not been prosecuted for over 20 years, and that no publication had been done as required by law. The matter had therefore been overtaken by events by operation of law. The court exercised its discretion to dismiss the petition for want of prosecution, noting the inordinate delay and lack of action since 2003. No orders as to costs were made, and the file was closed.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition is dismissed for want of prosecution for over 20 years.
- No orders as to costs.
Full Case Text
Judgment text and source record
15 paragraphs
In re Shabana Motors Limited (Miscellaneous Civil Application 101 of 2003) [2024] KEHC 6686 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6686 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 101 of 2003
RE Aburili, J
June 3, 2024
Ruling
1. This was a petition for voluntary winding up of the Petitioner/Company Shabana Motors Limited vide Petition dated 30th April 2003.
2. No action has taken place since then as the court on 27th June 2003 observed that no publication had been done as required.
3. The petition has been overtaken by events by operation of the law.
4. It is hereby dismissed for want of prosecution for over 20 years.
5. I make no orders as to costs.
6. The file is closed.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RDDAY OF JUNE, 2024R. E. ABURILIJUDGE