In re Extension of time for Registration of a Debenture (Miscellaneous Application 442 of 2026) [2026] KEHC 5278 (KLR) (Commercial and Tax) (21 April 2026) (Ruling)

In re Extension of time for Registration of a Debenture (Miscellaneous Application 442 of 2026) [2026] KEHC 5278 (KLR) (Commercial and Tax) (21 April 2026) (Ruling)

The delay in registration was satisfactorily explained, no evidence of bad faith or prejudice to third parties was shown, and the interests of justice favor granting the extension to perfect the security interest.

Citation
[2026] KEHC 5278 (KLR)
Parties
Applicant: Kua Ventures Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
21 April 2026
Case Number
Miscellaneous Application 442 of 2026
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Extension of Time
Outcome
Application allowed
Legal Topics
Extension of Time, Registration of Debenture, Floating Charge, Companies Act Section 888
Source Language
English

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Parties

Kua Ventures Limited

Applicant

Procedural Posture

Miscellaneous Application / Ruling on Ex Parte Application for Extension of Time

  1. 1 Whether the court should exercise its discretion to extend time for registration of a debenture under Section 888 of the Companies Act, 2015

Ratio Decidendi

The delay in registration was satisfactorily explained, no evidence of bad faith or prejudice to third parties was shown, and the interests of justice favor granting the extension to perfect the security interest.

Court Disposition

Application allowed

Orders

  • Time for registration of the Floating Charge Debenture dated 9th March 2026 is extended for thirty (30) days from the date of the ruling.
  • The Debenture shall, upon registration, be deemed validly registered for purposes of the Companies Act, 2015.