In the matter of Kumchenga Industries Limited (Civil Cause 33 of 1987) [1987] MWHC 22 (6 March 1987)

Ii THE HIGH COURT OF MALAVI, BUANTYRE PRIMNCIPAT, REGISTRY CIVIL CAUSE NO. 33 OF 1987 ome pe tp IN THE MATTER OF KUMCHENGA INDUSTRIES LIMITED (IN RECEIVERSHIP) RS rer RE AND \ \ | YQ NK ANI99, IN THE MATTER OF THE COMPANIES ACT 1984 ~~_ si} a ihe Lis, Js vn if Coram: MTEGHA, J. MO eo em a; # z > ~< aN Pitman, Counsel for the Petitioner Raliwo, Counsel for the Respondent Namvenya, Official Interpreter Phiri, Court Reporter ; ORDER This petition has been brought before me for the 3 purpose of an order winding up a company known as Kumchenga Industries limited (Under Receivership) hereinafter referred to as the Company under s.212 of the Companies Act, Act No.19 of 1984, hereinafter called the Act. The petitioner in the matter is Press Steel and Wire Limited, hereinafter referred to as the Petitioner. S.213(d) of the Act stipulates that the court may order the winding up of a company if the company fails to pay its debts. Accordingly the petition states that the company owes the petitioner the sum of K83,266.08 and the affidavit goes on to say that on Sth December 1986 the petitioner served the company, at the company's registered office, ' a notice demanding the payment of the money. This was, of course, in conformation with s.213(3) (a) of the Act and that after 21 days no payment had been made. It was deemed, ;* therefore, that the company was unable to pay its debts. : Wecessary notices for the winding up of the company were published in the newspapers and Malawi Gazette of 13th February. In consequence of those notices, a notice of intention to appear at the hearing of the petition was made by Indian Ocean Export Company (PTY) Limited as one of the creditors, to oppose the application. However, the opposition was dropped and through their legal practitioners, tney registered no objection in Court. gD pee ees eee cg TE TT TG NY SER NR DEST A SRE RIS * "3 . +: 2 z r ; » 5 =I i NO { Since the affidavits were clear and the receiver/ manager of the company had no objection, and no one else has objected, it became unnecessary for me to hear oral evidence. The evidence is clear; the company cannot pay its debts, it is therefore proper thac it should be wound up. = consequently make the following order. er ea (1) Kumchenga Industries Limited ' (in receivership) be wound up under the provision of the Act. (2) I order that the manager/receiver of the Company, Mr. Gaunt, be ff appointed Receiver and Liquidator in terms of s.223 of the Act. MADE in Chambers this 6th day of March, 1987 at Blantyre.