Paul Joseph Ngei v Official Receiver [1990] KECA 59 (KLR)
- Court
- Court of Appeal
- Case number
- 59
- Citation
- [1990] KECA 59 (KLR)
- Decided
- 22 November 1990
The court upholds the decision of the High Court and dismisses the appeal, ruling that the debtor should be adjudged bankrupt and apply for discharge after a period of two years from the date of the ruling.
Facts
The debtor, Mr Paul Joseph Ngei, owed a total of Shs 32,940,068.20 to various creditors, including the Middle East Bank Limited, Continental Credit Finance Ltd, and seven others. A receiving order was made on August 11, 1988, and a bankruptcy petition was filed. The official receiver made several attempts to serve the debtor with a statement of affairs, but the debtor refused service. The official receiver applied to the court to adjudge the debtor bankrupt, and the High Court ruled in favor of the application.
Issues
- Whether the court erred in refusing an adjournment on June 14, 1990.
- Whether the application for the debtor to be adjudged bankrupt was incompetent.
Reasoning
The court found that the debtor was in default and that the creditors were unanimous in their decision to adjudicate the debtor bankrupt. The court also noted that the debtor had made payments totaling Shs 117,000, which were excluded from the total indebtedness.
Outcome
Appeal dismissed
Orders
- The debtor is adjudged bankrupt and shall apply for discharge after a period of two years from the date of the ruling.
Authorities cited
Legislation (2)
- Bankruptcy Act, cap 53
- Appellate Jurisdiction Act, cap 9
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