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PAUL JOSEPH NGEI v OFFICIAL RECEIVER [1992] KEHC 27 (KLR)

[1992] KEHC 27 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
27
Citation
[1992] KEHC 27 (KLR)
Decided
18 December 1992
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeBankruptcyPostureRespondent's objection to continuation of applicationCoramMbito, J.
Holding

The court directs the Official Receiver to prepare a certificate as engaged by rule 186 of the Bankruptcy Rules and serve it on the Registrar of the court within 7 days.

Facts

The applicant, Paul Joseph Ngei, has filed two similar applications for discharge or absolution from bankruptcy orders, both of which were previously refused due to lack of proper preparation and supporting documents.

Issues

  1. Application for discharge or absolution from bankruptcy orders
  2. Lack of proper preparation and supporting documents

Reasoning

The court found the application to be improperly prepared and lacking necessary supporting documents, thus misadvising the applicant.

Outcome

The application is stayed until the Official Receiver prepares and serves the required certificate.

Orders

  • The Official Receiver should prepare a certificate as engaged by rule 186 of the Bankruptcy Rules and serve it on the Registrar of the court within 7 days.
  • On receipt of the certificate, the registrar should set down the matter for hearing as per the bankruptcy rules after complying with all its requirements.

Remedies

  • Costs to be paid by the applicant in any event.
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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