Kimani Gecau v Official Receiver/Interim Liquidator Rural Urban Credit Finance Ltd (In Liquidation [2015] KEHC 575 (KLR)
- Court
- High Court of Kenya
- Case number
- 575
- Citation
- [2015] KEHC 575 (KLR)
- Decided
- 3 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneousPostureRespondent seeks to dismiss the application for leave to sue and extension of time.CoramOsiemo, J.
Holding
The application is dismissed with no orders as to costs, as the Respondent failed to attend court for submissions.
Facts
The applicant filed HCC 2175/95 but it was struck out due to lack of leave to institute suit against Rural Urban Credit Finance Ltd and another, who were under receivership. The time to re-institute suit has lapsed and the claim is time barred.
Issues
- Whether S.27 of Cap 22 is applicable in the instance matter?
- Whether there are materials before the court to meet the threshold of extension of time?
- Whether there is merit in granting leave to sue the Respondent under S.228 of the companies Act?
Reasoning
The court held that actions on contract become time barred after the breach of contract and there is no provision for extension of time in claims based on contract after lapse of 6 years. The court also cited previous cases to support its decision.
Outcome
Dismissed
Authorities cited
Legislation (2)
- Companies Act
- Cap 22
Cases cited (2)
- Willis Onditi Odhiambo and Gateway Insurance Co. Ltd Civil Appeal No. 37 of 2013
- Divecon vs. Samani (1995-1998) 1 EA 48
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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