In re Kenya Bus Services Limited [2021] KEHC 7093 (KLR)
- Court
- High Court of Kenya
- Case number
- 7093
- Citation
- [2021] KEHC 7093 (KLR)
- Decided
- 11 May 2021
Summary at a glance
TypeWinding Up PetitionPostureAppeal from a previous order dismissing a preliminary objectionCoramM.W. Muigai
The applicant's application is statute barred and dismissed. The winding up petition is held in abeyance indefinitely.
Facts
The company filed a winding up petition against Kenya Bus Services Limited, and the applicant filed a preliminary objection seeking a stay of execution due to a pending winding up petition.
Issues
- Whether the applicant may join the proceedings as a supporting creditor
- Whether there is a petition for proceedings to commence
Reasoning
The applicant's claim is statute barred as it was not pursued within 6 years. The process of initiating compulsory winding up is set in motion by filing a petition that must be served to the company and advertised.
Outcome
The applicant's application is dismissed and the winding up petition is held in abeyance indefinitely.
Orders
- The applicant's application is dismissed
- The winding up petition is held in abeyance indefinitely
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
Loading judgment…