[2004] KEHC 1268 (KLR)

[2004] KEHC 1268 (KLR)

The court found that the liquidator's statement of account demonstrated all assets of Morven Kenya Limited had been realized and distributed, and all obligations settled, with nothing outstanding. In accordance with the Companies Act, the court determined that the company had been properly wound up and that it was appropriate to order its dissolution. The court further directed that the books and papers of the company be handed over to and remain in the custody of two named directors, as there was no further business to be conducted by the company or the liquidator.

Citation
[2004] KEHC 1268 (KLR)
Parties
Respondent: Morven Kenya Limited; Applicant: Mr. Njoka Mwangi (Receiver/Interim Liquidator)
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
8 November 2004
Case Number
Winding Up Cause 29 of 2003
Procedural Posture
Winding Up Cause / Final Orders on Dissolution After Liquidation
Outcome
company dissolved and winding up concluded
Legal Topics
Company Winding Up, Liquidation Procedure, Dissolution of Company
Source Language
English
Commercial and Corporate Company Winding Up Liquidation Procedure Dissolution of Company

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Parties

Morven Kenya Limited

Respondent

Mr. Njoka Mwangi (Receiver/Interim Liquidator)

Applicant

Procedural Posture

Winding Up Cause / Final Orders on Dissolution After Liquidation

Legal Issues

  1. 1 Whether the affairs of Morven Kenya Limited have been fully wound up in accordance with the Companies Act.
  2. 2 Whether the company should be formally dissolved and its books and papers disposed of.

Ratio Decidendi

The court found that the liquidator's statement of account demonstrated all assets of Morven Kenya Limited had been realized and distributed, and all obligations settled, with nothing outstanding. In accordance with the Companies Act, the court determined that the company had been properly wound up and that it was appropriate to order its dissolution. The court further directed that the books and papers of the company be handed over to and remain in the custody of two named directors, as there was no further business to be conducted by the company or the liquidator.

Court Disposition

company dissolved and winding up concluded

Orders

  • Morven Kenya Limited is hereby dissolved.
  • The books and papers of the company shall be handed over to and remain in the custody of Doris K. Mwiti and Martin M. Kaburiah.