Kinyua John v Aljazeera Channel Limited [2021] KEHC 12555 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

COMMERCIAL AND TAX DIVISION

INSOLVENCY PETITION NO. E030 OF 2020

IN THE MATTER OF ALJAZEERA CHANNEL LIMITED

KINYUA JOHN.............................................................................................................PETITIONER

-VERSUS-

ALJAZEERA CHANNEL LIMITED.......................................................................RESPONDENT

RULING

1. Through the Liquidation Petition dated 10th September 2020, the Petitioner seeks orders to liquidate the Respondent/Company on the basis that the Company has not held a shareholder’s or directors’ meeting since its incorporation on 21st June 2005.

2. The Petitioner’s case is that since the Company has been dormant for over 15 years, it should be liquidated under Section 424(1) (c) and (g) and Section 425 of the Insolvency Act.

3. The Petition was not opposed by the Company and when it came up for hearing on 17th December 2020 the Petitioner’s counsel urged the court to allow it as prayed.

4. I have perused the affidavit of service dated 14th December 2020 and the advertisement contained in the Daily Nation Newspaper of 19th November 2020. I am satisfied that the Respondent was duly served with the Petition and the hearing notice. In the absence of any objection to the Petition, I hereby invoke this court’s power under Section 424(1) (c) of the Insolvency Act and allow the Petition as prayed.

Dated, signed and delivered via Microsoft Teams at Nairobi this 14th day of January 2021in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.

W. A. OKWANY

JUDGE

In the presence of:

Mr. Kuyo for Petitioner

Court Assistant: Sylvia.