KIPKALIA KIPRONO KONES v DIAMOND TRUST BANK KENYA LIMITED [2006] KEHC 2391 (KLR)
- Court
- High Court of Kenya
- Case number
- 2391
- Citation
- [2006] KEHC 2391 (KLR)
- Decided
- 6 June 2006
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeBankruptcyPosturePreliminary ObjectionCoramO.K. MUTUNGI
Holding
The act of bankruptcy relied upon in the petition is invalid for non-compliance with Section 6(1)(c) of the Bankruptcy Act, Cap. 53, Laws of Kenya.
Facts
The debtor, Kipkalia Kiprono Kones, was indebted to Diamond Trust Bank Kenya Limited in the sum of K.Shs.4,755,189/55. The Bankruptcy Notice was served on the debtor on 23/10/01, and the petition was filed on 5/2/02.
Issues
- The act of bankruptcy relied on by the creditor is invalid.
- The petition was filed out of time.
Reasoning
The debtor's act of bankruptcy occurred outside the statutory period of three months before the presentation of the petition. The court upheld the preliminary objection.
Outcome
The petition is invalid.
Authorities cited
Legislation (1)
- Bankruptcy Act, Cap. 53, Laws of Kenya
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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