East Africa Cables Limited v SMB Bank (K) Limited [2020] KEHC 9359 (KLR)
- Court
- High Court of Kenya
- Case number
- 9359
- Citation
- [2020] KEHC 9359 (KLR)
- Decided
- 17 February 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeInsolvency PetitionPostureApplication to strike out petitionCoramD. S. MAJANJA, D. S. MAJANJA
Holding
The petition is not fatally defective and the statutory demand was properly served.
Facts
The petitioner, a bank, issued various facilities to the applicant, East Africa Cables Limited, on specified dates. As of 26th July 2019, the applicant owed the bank Kshs. 298,859,693.90, which it failed to repay despite demand.
Issues
- Whether the petition is fatally defective for non-compliance with Regulations 6 and 19 of the Insolvency (Amendment) 2018
- Whether the statutory demand served on the applicant was endorsed by the Deputy Registrar of the High Court
Reasoning
The court found that the statutory demand was properly endorsed and served on the applicant, and that the petition was in the required form and accompanied by a verifying affidavit.
Outcome
The application to strike out the petition is dismissed.
Orders
- Petition is not fatally defective
- Statutory demand was properly served
Authorities cited
Legislation (2)
- Insolvency Act, 2015
- Insolvency (Amendment) Regulations, 2018
Cases cited (1)
- Re Sucasa at Mombasa Road Limited ML HC IP No. 9 of 2018 [2019] 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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