Siana Properties Limited & another (Miscellaneous Civil Application 430 of 2026) [2026] KEHC 5279 (KLR) (Commercial and Tax) (18 April 2026) (Ruling)
The applicants satisfactorily explained the delay, no prejudice was shown to creditors or shareholders, and the extension sought is reasonable. The court exercises its discretion to extend time for registration under Section 888 of the Companies Act, 2015.
- Citation
- [2026] KEHC 5279 (KLR)
- Parties
- Applicant: Siana Properties Limited; Applicant: Prime Bank Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 18 April 2026
- Case Number
- Miscellaneous Civil Application 430 of 2026
- Procedural Posture
- Miscellaneous Civil Application / Ruling on Notice of Motion for Extension of Time to Register Debenture and Charge
- Outcome
- application allowed
- Legal Topics
- Registration of Charges, Extension of Time, Debenture, Statutory Compliance
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Siana Properties Limited
Applicant
Prime Bank Limited
Applicant
Procedural Posture
Miscellaneous Civil Application / Ruling on Notice of Motion for Extension of Time to Register Debenture and Charge
Legal Issues
- 1 Whether the court should exercise its discretion under Section 888 of the Companies Act, 2015 to extend time for registration of the Debenture and Charge
Ratio Decidendi
The applicants satisfactorily explained the delay, no prejudice was shown to creditors or shareholders, and the extension sought is reasonable. The court exercises its discretion to extend time for registration under Section 888 of the Companies Act, 2015.
Court Disposition
application allowed
Orders
- Time extended for registration of the All Asset Debenture dated 3rd December 2025 and Charge dated 15th December 2025 over Land Title Number NAIROBI/BLOCK218/280.
- Registrar of Companies directed to register the Debenture and Charge out of time within thirty (30) days or such other period as may be administratively required.
Full Case Text
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