In Re Alnasir L. K. A. Peer Mohamed (A Debtor) [2005] KEHC 3146 (KLR) | Bankruptcy Adjudication | Esheria

In Re Alnasir L. K. A. Peer Mohamed (A Debtor) [2005] KEHC 3146 (KLR)

Full Case Text

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA COMMERCIAL DIVISION, MILIMANI Bankruptcy Cause 7 of 2000

ALNASIR L.K.A. PEER MOHAMED (DEBTOR)

RULING The official receiver has moved this court with an application under section 20 of The Bankruptcy Act and Rule 181 of the Bankruptcy Rules.

A receiving order was made against the debtor on 8th February 2000 and as at that date the debtor owed his creditors kshs 34, 693, 288/- most of those debts were unsecured loans advanced to the debtor which must, by now, have escalated because of interest; other debts related to the debtors credit advanced to him.

I have sighted in the supporting affidavit that at an adjourned first meeting of the creditors of the said debtor at Sheria House, 8th Floor Room 806, on 4th September 2003 a resolution in the following terms was passed:

“That ALNASIR K.A. PEER MOHAMED be adjudged Bankrupt and that the official Receiver be made the trustee in Bankruptcy.”

The resolution having been passed it accords with the requirements of section 20 The Bankruptcy Act.

The court therefore makes the following orders:

(1) That ALNASIR K.A. PEER MOHAMED be and is hereby adjudged Bankrupt and that the official receiver be made the trustee in Bankruptcy. (2) The debtor shall apply for his discharge after 5 years from the date of this order.

Dated and delivered this 29th July 2005.

MARY KASANGO JUDGE