[2011] KEHC 3510 (KLR)

[2011] KEHC 3510 (KLR)

The court, having considered the debtor's petition and the interim report by the Official Officer, found that the statutory requirements for issuing a Receiver Order under the Bankruptcy Act were satisfied. Consequently, the court exercised its discretion to issue a Receiver Order against the estate of the debtor,...

Source-derived case information.

Citation
[2011] KEHC 3510 (KLR)
Parties
Applicant: Mboke Mutinda Kaburu
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Case Number
Bankruptcy Cause 2 of 2011
Procedural Posture
Bankruptcy Cause / Ruling on Debtor's Petition
Outcome
Receiver Order issued against the estate of the debtor.
Judges
A. Ong’injo
Legal Topics
Bankruptcy Petition, Receiver Order, Insolvency Procedure
Source Language
en
Commercial and Corporate Bankruptcy Petition Receiver Order Insolvency Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mboke Mutinda Kaburu

Applicant

Procedural Posture

Bankruptcy Cause / Ruling on Debtor's Petition

Legal Issues

  1. 1 Whether a Receiver Order should issue against the estate of the debtor upon the debtor's petition.

Ratio Decidendi

The court, having considered the debtor's petition and the interim report by the Official Officer, found that the statutory requirements for issuing a Receiver Order under the Bankruptcy Act were satisfied. Consequently, the court exercised its discretion to issue a Receiver Order against the estate of the debtor, in accordance with the law.

Court Disposition

Receiver Order issued against the estate of the debtor.

Orders

  • A Receiver Order shall issue against the estate of Mboke Mutinda Kaburu.
  • Copies of the Receiver Order shall be sent to the office of the Official Receiver of the Government of Kenya and to all District Registries of the High Court.