[2024] KEHC 6684 (KLR)
The court found that since the voluntary winding up petition filed by Sukari Millers Limited in 2003 had not been prosecuted for over 20 years, there was inordinate delay and no steps had been taken to advance the matter. The court exercised its discretion to dismiss the petition for want of prosecution, holding...
Source-derived case information.
- Citation
- [2024] KEHC 6684 (KLR)
- Parties
- Applicant: Sukari Millers Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 107 of 2003
- Procedural Posture
- Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
- 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
Sukari Millers Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Dismissal for Want of Prosecution
Legal Issues
- 1 Whether the petition for voluntary winding up should be dismissed for want of prosecution.
Ratio Decidendi
The court found that since the voluntary winding up petition filed by Sukari Millers Limited in 2003 had not been prosecuted for over 20 years, there was inordinate delay and no steps had been taken to advance the matter. The court exercised its discretion to dismiss the petition for want of prosecution, holding that litigation must come to an end and that parties must be diligent in prosecuting their cases. The file was ordered closed for archiving.
Court Disposition
petition dismissed for want of prosecution
Orders
- The petition filed on 20th May 2003 is dismissed for want of prosecution.
- The file is closed for archiving.
Full Case Text
Judgment text and source record
13 paragraphs
In re Sukari Millers Limited (Miscellaneous Civil Application 107 of 2003) [2024] KEHC 6684 (KLR) (3 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6684 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application 107 of 2003
RE Aburili, J
June 3, 2024
IN THE MATTER OF SUKARI MILLERS LIMITED AND IN THE MATTER OF THE COMPANIES ACT ADVERTISEMENT OF PETITION (FOR WINDING UP OR SUPERVISION ORDER)
Ruling
1. This is a voluntary winding up cause filed by Sukari Millers Limited in 2003 and since then, no efforts to prosecute was made.
2. The Petition filed on 20th May 2003 is dismissed for want of prosecution.
3. The file is closed for archiving.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 3RD DAY OF JUNE, 2024R. E. ABURILIJUDGE