Paul Kamau Ndung’u v Pamela Atieno Onyango [2016] KEHC 8653 (KLR)
- Court
- High Court of Kenya
- Case number
- 8653
- Citation
- [2016] KEHC 8653 (KLR)
- Decided
- 3 October 2016
The debtor is not bankrupt and the court does not have jurisdiction to deal with the criminality of the dishonoured cheques. The debtor is ordered to be cross-examined on oath to disclose his properties. The creditor is given 14 days to present a late proof of debt.
Facts
The debtor, Paul Kamau Ndung'u, was operating a business called THIKA TOPVET SERVICES and had issued dishonoured cheques to the creditor, Pamela Atieno Onyango. The debtor had also failed to file a proof of debt with the Official Receiver.
Issues
- Whether the debtor was bankrupt
- Whether the debtor's issuance of dishonoured cheques was criminal
- Whether the debtor's failure to file a proof of debt was a procedural defect
Reasoning
The court found that the debtor had not led the court to believe he was bankrupt and that the issuance of dishonoured cheques was not a criminal act. The court directed the debtor to be cross-examined and the creditor to present a late proof of debt.
Outcome
The debtor is not bankrupt and the court does not have jurisdiction to deal with the criminality of the dishonoured cheques.
Orders
- The debtor is ordered to be cross-examined on oath to disclose his properties.
- The creditor is given 14 days to present a late proof of debt.
Remedies
- The debtor is ordered to be cross-examined on oath to disclose his properties.
- The creditor is given 14 days to present a late proof of debt.
Authorities cited
Legislation (1)
- Bankruptcy Act
Cases cited (2)
- Moses Wachira Wamunya v Frederick Kagio Kinyua & 4 Others
- Kamau Muchuha v The Ripple Ltd
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