Noble Resources International PTE Limited v Kitmin Holdings Limited; Shamit Varma & another (Interested Parties) [2020] KEHC 3538 (KLR)
- Court
- High Court of Kenya
- Case number
- 3538
- Citation
- [2020] KEHC 3538 (KLR)
- Decided
- 17 August 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInsolvencyPostureRespondent's Application to Strike Out Liquidation PetitionCoramD. S. MAJANJA, D. S. MAJANJAJA, Okwany, Tuiyott
Holding
The court does not order security for costs and dismisses the application to strike out the liquidation petition.
Facts
Kitmin Holdings Limited owed USD 170,000 to Noble Resources International PTE Limited under an agreement. The Company failed to pay and sent a letter admitting USD 160,000 was due but disputed USD 170,000. The Company proposed to repay USD 5,000 per month starting July 2015.
Issues
- Whether the court should order security for costs
- Non compliance with Insolvency (Amendment) Regulations, 2019 and defective verifying affidavit
Reasoning
The court finds the petition not entirely frivolous and does not think there is any reason to order security for costs. The verifying affidavit is defective but the omission is curable.
Outcome
Application dismissed with costs to the Petitioner
Orders
- Notice of Motion dated 28th April 2020 is dismissed with costs to the Petitioner
- Petitioner to file a further affidavit confirming the authority of Michelle Hayes to file a verifying affidavit within 21 days from the date of this decision.
Authorities cited
Legislation (2)
- Insolvency Act, 2015
- Insolvency (Amendment) Regulations, 2019
Cases cited (3)
- Scotch Whisky Association & 2 others v Africa Spirits Limited HC COMM NO. 502 OF 2017 [2020] eKLR
- Marco Tools & Explosives Ltd v Mamujee Brothers Ltd [1988] KLR 730
- East Africa Cables Limited v SBM Bank (K) Ltd HC COMM IP No. E171 of 2020 [2020] eKLR
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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