https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7982
Because the court confirmed from the CTS and the physical file that no application to set aside the statutory demand had been filed, there was no live application capable of being ruled upon. The court therefore declined to deliver a ruling and marked the file as closed.
Source-derived case information.
- Citation
- [2026] KEHC 7982 (KLR)
- Parties
- Applicant: Unicom Limited; Respondent: Phoenix Properties Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Insolvency Cause E169 of 2024
- Procedural Posture
- Insolvency Cause / Directions
- Outcome
- File closed; no ruling delivered.
- Judges
- ["BK Njoroge"]
- Legal Topics
- Statutory Demand, Setting Aside Statutory Demand, Absence of Application on Court File, Case Management/closure of File
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Unicom Limited
Applicant
Phoenix Properties Limited
Respondent
Procedural Posture
Insolvency Cause / Directions
Legal Issues
- 1 Whether the court could deliver a ruling where no application had been filed in the matter.
- 2 Whether there was any application to set aside the statutory demand.
- 3 What procedural step should follow given the state of the record.
Ratio Decidendi
Because the court confirmed from the CTS and the physical file that no application to set aside the statutory demand had been filed, there was no live application capable of being ruled upon. The court therefore declined to deliver a ruling and marked the file as closed.
Court Disposition
File closed; no ruling delivered.
Orders
- The court declined to deliver a ruling.
- The file was marked as closed.
Full Case Text
Judgment text and source record
1 paragraphs
Unicom Ltd v Phoenix Properties Ltd (Insolvency Cause E169 of 2024) [2026] KEHC 7982 (KLR) (Commercial and Tax) (4 June 2026) (Directions) Neutral citation: [2026] KEHC 7982 (KLR) Republic of Kenya In the High Court at Nairobi (Milimani Commercial Courts) Commercial and Tax Insolvency Cause E169 of 2024 BK Njoroge, J June 4, 2026 Between Unicom Limited Applicant and Phoenix Properties Limited Respondent Directions 1.This matter was scheduled for delivery of a Ruling. This is alongside a series of files, namely E165, E166, E167, E169 AND E170 all of 2024. 2.The Court has perused the CTS and confirmed that no application for setting aside the statutory demand was filed in this matter. 3.There is no Application in the file or the CTS. What is available on the CTS is the Replying Affidavit and the Statutory Demand. 4.In the circumstances the Court cannot deliver a Ruling in respect of a matter where no application has been filed. 5.This file is hereby marked as closed. 6.It is so ordered. DATED, SIGNED AND DELIVERED AT MILIMANI THIS 04TH DAY OF JUNE, 2026.NJOROGE BENJAMIN K.JUDGEIn the presence of;____Mr. Odhiambo for the Debtor/Applicant.Mr. Ouma for the Creditor/Respondent.Mr. John Paul - Assistant.