[2017] KEHC 5053 (KLR)
The court found that the applicant had satisfied the legal requirements for leave to institute proceedings against a company in liquidation, as set out in the Kenya Deposit Insurance Act and Companies Act. The supporting affidavit and grounds in the application persuaded the court that leave should be granted. The...
Source-derived case information.
- Citation
- [2017] KEHC 5053 (KLR)
- Parties
- Plaintiff: Omar Marwa Adan Abdi; Defendant: Liquidation Agent Thabiti Finance Company Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Case 553 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Ex Parte Application for Leave to Institute Proceedings
- Outcome
- application allowed
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Leave to Sue Under Liquidation, Deposit Insurance Act Procedure, Company Liquidation Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omar Marwa Adan Abdi
Plaintiff
Liquidation Agent Thabiti Finance Company Limited
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Ex Parte Application for Leave to Institute Proceedings
Legal Issues
- 1 Whether the applicant should be granted leave to institute legal proceedings against a company under liquidation.
- 2 Whether the application satisfies the requirements under the Kenya Deposit Insurance Act and Companies Act.
Ratio Decidendi
The court found that the applicant had satisfied the legal requirements for leave to institute proceedings against a company in liquidation, as set out in the Kenya Deposit Insurance Act and Companies Act. The supporting affidavit and grounds in the application persuaded the court that leave should be granted. The application was therefore allowed, with the applicant directed to file the intended suit within 30 days.
Court Disposition
application allowed
Orders
- Leave is granted to the applicant to institute legal proceedings against the respondent.
- The applicant shall file the intended suit within 30 days from the date of this ruling.
Full Case Text
Judgment text and source record
15 paragraphs
REPBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MISC. CASE NO. 553 OF 2015
OMAR MARWA ADAN ABDI ………...…..……….. PLAINTIFF
VERSUS
LIQUIDATION AGENT
THABITI FINANCE COMPANY LIMITED ....…DEFENDANTS
RULING
This application is by way of Notice of Motion under Section 56 (2) of the Kenya Deposit Insurance Act, 2012, Sections 228 and 241 of the Companies Act Section 1A, 3A of the Civil Procedure Act, Order 51 rule 1 of the Civil Procedure Rules and Articles of the Constitution seeking an exparte order for leave to institute legal proceedings against the respondent. The application was heard by Ombija J, on 8th February, 2016 and a ruling reserved for 29th March, 2016 but this was not done. The judge retired before delivering the ruling and the file was subsequently placed before me for that purpose.
I have looked at the provisions of law cited, the grounds set out on the face of the application and the supporting affidavit sworn by the applicant. I am persuaded that leave sought should be granted.
Accordingly the application is hereby allowed. The applicant shall file the intended suit within 30 days from today.
Costs in the cause.
Dated and delivered at Nairobi this 26th Day of April, 2017
A. MBOGHOLI MSAGHA
JUDGE