[2010] KEHC 3777 (KLR)
The court found that the applicant had made a proper application under the relevant provisions of the Companies Act and the Civil Procedure Act, seeking an extension of time to register a mortgage. The court was satisfied that the circumstances justified the exercise of its discretion to grant the extension, as no...
Source-derived case information.
- Citation
- [2010] KEHC 3777 (KLR)
- Parties
- Applicant: Savings & Loan Kenya Limited; Respondent: Kenjoro Enterprises Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 35 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Extension of Time to Register Mortgage
- Outcome
- Application allowed. Extension of time to register mortgage granted.
- Judges
- A. Ong’injo
- Legal Topics
- Company Mortgages, Extension of Time, Registration of Charges
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Savings & Loan Kenya Limited
Applicant
Kenjoro Enterprises Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Extension of Time to Register Mortgage
Legal Issues
- 1 Whether the court should extend the period for registering the mortgage dated 9th September 2009 between the parties over L.R. No. 2/113.
- 2 Whether the applicant has satisfied the requirements for extension of time under the Companies Act and relevant rules.
Ratio Decidendi
The court found that the applicant had made a proper application under the relevant provisions of the Companies Act and the Civil Procedure Act, seeking an extension of time to register a mortgage. The court was satisfied that the circumstances justified the exercise of its discretion to grant the extension, as no opposition was raised and the interests of justice required that the mortgage be registered to protect the parties' interests. The court therefore allowed the application in terms of the main prayer, extending the period for registration of the mortgage by 45 days from the date of the ruling.
Court Disposition
Application allowed. Extension of time to register mortgage granted.
Orders
- The period for registering the mortgage dated 9th September 2009 between Kenjoro Enterprises Limited and Savings & Loan Kenya Limited over L.R. No. 2/113 (Original Number 2/97/7) is extended and the same shall be filed with the Registrar of Companies within 45 days from the date of this ruling.
- Costs in the cause.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS)
Miscellaneous Civil Application 35 of 2010
SAVINGS & LOAN KENYA LIMITED....................................APPLICANT
-VERSUS-
KENJORO ENTERPRISES LIMITED..............................RESPONDENT
R U L I N G
This ruling relates to a notice of motion application brought under section 102 of the Companies Act and Rules 3, 4 and 8(b) of the Companies (High Court) Rules and Section 3A of the civil Procedure Act, Cap 21 Laws of Kenya. It seeks the following orders.
1. THAT the period for registering the Mortgage dated 9th September 2009 and made between Kenjoro Enterprises Limited as the Mortgagor and Savings & Loan Kenya Limited as the Mortgagee over L.R. No. 2/113 (Original Number 2/97/7) be extended and the same be filed with the Registrar of Companies within Forty Five (45) days form the date of this order or on such terms and conditions as seem to the court just and expedient.
2. THAT the cost of this application be in the cause.
In his submissions, Mr. Thimba the applicant’s counsel stated that there application is supported by his affidavit. The application seeks an extension of time within which to file a mortgage within the company’s registry. The said mortgage relates to land parcel No. L.R. 2/113.
After carefully considering the application I hereby concede to the same in terms of prayer No. 1. Specifically, I hereby direct that the period of registering the mortgage dated 9th September 2009 made between Kenjoro Enterprises Limited as the mortgagor and Savings and Loan Kenya Limited as the mortgage over L.R. No. 2/113 (original No. 2/97/7) be extended and the same be filed with the Registrar of Companies within 45 days from the date of this ruling.
Those are the orders of this court.
Costs in the cause.
MUGA APONDI
JUDGE
Ruling read signed and delivered in open court in the presence of:Thimba - Applicant’s Counsel
MUGA APONDI
JUDGE
12TH FEBRUARY 2010