Rapid P. Kenya Limited v Nitunze Savings and Credit Co-operative Society Limited (In Liquidation), Official Liquidator Nitunze Sacco Limited), Commissioner of Co-Operative Societies & Valley Auctioneers [2021] KEHC 2661 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT KAKAMEGA

MISCELLANEOUS APPLICATION NO. 38 OF 2019

RAPID P. KENYA LIMITED.................................................................APPLICANT

VERSUS

NITUNZE SAVINGS AND CREDIT

CO-OPERATIVE SOCIETY LIMITED(InLiquidation).........1ST RESPONDENT

OFFICIAL LIQUIDATOR NITUNZE SACCO LIMITED)....2ND RESPONDENT

COMMISSIONER OFCO-OPERATIVE SOCIETIES...........3RD RESPONDENT

VALLEY AUCTIONEERS..........................................................4TH RESPONDENT

RULING

1. The Motion dated 27th March 2019, seeks two principal orders: temporary injunction to restrain the respondents from utilizing the proceeds from the public auction where in LR. No. 8056/322 was sold; that the applicant be declared a recognized creditor of the 1st respondent and be involved in the liquidation process in including sale of LR. No. 8056/322. The applicant has a judgment in its favour, which it seeks to enforce as against the respondents.

2. I have read through through the repylying affidavit by th liquidator, and looked up the relevant law, and I have not seen anything that would justify not granting the orders sought in the applictaion dated 13th March 2019.

3. Consequently, I do hereby allow the Motion dated 15th March 2019, in terms of prayers 4 and 5 of the said Motion. Costs shall be in the cause..

DELIVERED DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 29TH DAY OF OCTOBER 2021

W MUSYOKA

JUDGE