In re Matano Mohamed Mwakwa Phasa (Debtor) [2024] KEHC 9137 (KLR)

In re Matano Mohamed Mwakwa Phasa (Debtor) (Bankruptcy Cause 2 of 2016) [2024] KEHC 9137 (KLR) (24 July 2024) (Ruling)

Neutral citation: [2024] KEHC 9137 (KLR)

Republic of Kenya

In the High Court at Mombasa

Bankruptcy Cause 2 of 2016

JK Ng'arng'ar, J

July 24, 2024

IN THE MATTER OF THE BANKRUPTCY ACT CAP 53 (NOW REPEALED) IN THE MATTER OF THE INSOLVENCY ACT 2015 BANKRUPTCY CAUSE NO. 2 OF 2016 IN THE MATTER OF MATANO MOHAMED MWAKWA PHASA (DEBTOR)

Ruling

1. This is a ruling to the application dated 9/4/2024. The application was served.

2. It seeks orders that the court be pleased to rescind the receiving order made against the Debtors Estate on 19/7/2016. Further that the Court be pleased to discharge the Official Receiver as Interim Receiver of the Debtor’s estate.

3. It is supported by the affidavit of Matano Mohammed Mwakaphasa (debtor). I have considered the application. The same is not opposed.

4. The reasons are plausible. Accordingly, I do proceed to allow the application dated 9/4/2024 as presented.

DATED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 24TH DAY OF JULY, 2024. ………………………J.K. NG’ARNG’AR, HSCJUDGEIn the presence of: -Chebukaka & Associates Advocates for the Debtor/ApplicantPresent for Official ReceiverCourt Assistant – Samuel Shitemi