[2007] KEHC 719 (KLR)
The court found that the debtor, Beth Wanjiku Kimingi, was unable to pay her debts, as established by the public examination and the evidence presented by the Official Receiver. Both the debtor and the Official Receiver consented to the adjudication of bankruptcy. The statutory requirements under section 20 of the...
Source-derived case information.
- Citation
- [2007] KEHC 719 (KLR)
- Parties
- Applicant: Official Receiver; Respondent: Beth Wanjiku Kimingi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Bankruptcy Cause 15 of 2000
- Procedural Posture
- Bankruptcy Cause / Ruling on Application for Adjudication of Bankruptcy
- Outcome
- Debtor adjudged bankrupt; period for discharge application set; costs from estate.
- Legal Topics
- Bankruptcy Proceedings, Adjudication of Bankruptcy, Debtor Initiated Petition
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Official Receiver
Applicant
Beth Wanjiku Kimingi
Respondent
Procedural Posture
Bankruptcy Cause / Ruling on Application for Adjudication of Bankruptcy
Legal Issues
- 1 Whether the debtor should be adjudged bankrupt under section 20 of the Bankruptcy Act, Cap. 53.
- 2 Whether the debtor has consented to the adjudication and the terms for discharge should be set.
Ratio Decidendi
The court found that the debtor, Beth Wanjiku Kimingi, was unable to pay her debts, as established by the public examination and the evidence presented by the Official Receiver. Both the debtor and the Official Receiver consented to the adjudication of bankruptcy. The statutory requirements under section 20 of the Bankruptcy Act, Cap. 53, were satisfied, and there was no opposition to the application. Accordingly, the court adjudged the debtor bankrupt and set a period of twelve months from the date of adjudication before the debtor may apply for discharge. Costs were ordered to be paid from the debtor's estate.
Court Disposition
Debtor adjudged bankrupt; period for discharge application set; costs from estate.
Orders
- The debtor, Beth Wanjiku Kimingi, is adjudged bankrupt.
- The debtor shall apply for her discharge at the expiration of twelve (12) months from the date of adjudication.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
Bankruptcy Cause 15 of 2000
IN THE MATTER OF BETH WANJIKU KIMINGI IN BANKRUPTCY AND
IN THE MATTER OF THE BANKRUPTCY ACT, CAP. 53
OFFICIAL RECEIVER ……………………………..…………….APPLICANT
V E R S U S
BETH WANJIKU KIMINGI ……………..…….….DEBTOR/RESPONDENT
R U L I N G
On 31st March, 2000, upon the Debtor’s own petition, a receiving order was made for the protection of her estate and the Official Receiver duly constituted the receiver of the estate. A public examination of the Debtor was conducted and concluded on 23rd June, 2004 under section 17 of the Bankruptcy Act, Cap.53 (the Act). It was apparent that the Debtor was unable to pay her debts, at that time amounting to over KShs. 2. 5 million.
The Official Receiver has now applied by notice of motion dated 6th October, 2005 under section 20 of the Act and also under rule 15 of the Bankruptcy Rules for an order that the Debtor be adjudged bankrupt, and for the court to set a period within which she shall apply for her discharge. The application is supported by the affidavit of one MARK GAKURU, a state counsel in the office of the Official Receiver of the Republic of Kenya. The Debtor has duly consented to be adjudged bankrupt; the Official Receiver has concurred with the Debtor’s consent. The necessary consents are annexed at paragraph 3 of the supporting affidavit.
That being the case, I hereby adjudge the Debtor bankrupt. She shall apply for her discharge at the expiration of twelve (12) months from the date of this adjudication. Costs of this application shall be paid from the estate of the Debtor. There will be orders accordingly.
DATED AT NAIROBI THIS 23RD DAY OF AUGUST, 2007
H. P. G. WAWERU
J U D G E
DELIVERED THIS 24th DAY OF AUGUST, 2007