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In Re Nairobi Conveyors Limited [2006] KEHC 2043 (KLR)

[2006] KEHC 2043 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2043
Citation
[2006] KEHC 2043 (KLR)
Decided
22 June 2006
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeWinding Up PetitionPosturePetition dismissed with costs, company's objection dismissed, creditors granted leave to appearCoramMARY KASANGO
Holding

Petitioners' objections dismissed, company's objection dismissed, creditors granted leave to appear

Facts

Petition filed on 19th February 2001, creditors failed to file notice of appearance by 17th May 2001, company raised objection to premature petition, statutory notice not attached

Issues

  1. creditors' failure to file notice of appearance
  2. company's objection to premature petition

Reasoning

Court finds objections not true points of law, grants creditors leave to appear due to court's discretion under Rule 29(3)

Outcome

Petition dismissed with costs, company's objection dismissed, creditors granted leave to appear

Orders

  • Petitioners' objections dismissed
  • Company's objection dismissed
  • Leave granted to creditors to appear

Remedies

  • Costs awarded to petitioners
  • Leave granted to creditors to appear

Authorities cited

Legislation (2)
  • Companies (Winding up) Rules
  • Company Act
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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