[2002] KEHC 30 (KLR)
The court found that, since the Official Receiver's investigations revealed the debtor had no assets and there was no objection from the Official Receiver or the only creditor, it was fair and just to grant the discharge. The duration of the bankruptcy was also a relevant factor in favour of the applicant....
Source-derived case information.
- Citation
- [2002] KEHC 30 (KLR)
- Parties
- Applicant: Silvester Kuria Kinyanjui; Respondent: Official Receiver
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 14 of 1984
- Procedural Posture
- Bankruptcy Cause / Application for Discharge From Bankruptcy
- Outcome
- Application allowed. Debtor discharged from bankruptcy.
- Judges
- T Mbaluto
- Legal Topics
- Bankruptcy Discharge, Insolvency Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Silvester Kuria Kinyanjui
Applicant
Official Receiver
Respondent
Procedural Posture
Bankruptcy Cause / Application for Discharge From Bankruptcy
Legal Issues
- 1 Whether the applicant should be discharged from bankruptcy given the absence of assets and lack of objection from the Official Receiver and creditor.
Ratio Decidendi
The court found that, since the Official Receiver's investigations revealed the debtor had no assets and there was no objection from the Official Receiver or the only creditor, it was fair and just to grant the discharge. The duration of the bankruptcy was also a relevant factor in favour of the applicant. Accordingly, the application for discharge was allowed.
Court Disposition
Application allowed. Debtor discharged from bankruptcy.
Orders
- The applicant is discharged from bankruptcy.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS) Bankruptcy Cause 14 of 1984
RE; SILVESTER KURIA KINYANJUI
RULING
This is an application by the bankrupt herein Silvester Kuria Kinyanjui for his discharge. The circumstance giving rise to the applications are that the debtor was adjudged bankrupt on 25. 11. 1985, a Receiving Order against his estate having been made on 14. 12. 1984. Following the making of the order, investigations were carried out by the Official Receiver which revealed that the debtor had no assets at all. And in view of those facts both the Official Receiver and the only creditor who has appeared in this application have notified the court that they have no objection to the application.
Given the above circumstances, I am of the opinion that it is fair and just especially having regard to the duration of the bankruptcy to grant the application as prayed. Accordingly the application is allowed and the debtor discharged from bankruptcy.
Dated at Nairobi this 17th day of September, 2002
T. MBALUTO
JUDGE