Sovereign Hotel Limited v National Bank of Kenya Limited & another [2022] KEHC 16959 (KLR)

Sovereign Hotel Limited v National Bank of Kenya Limited & another (Insolvency Cause 1 of 2022) [2022] KEHC 16959 (KLR) (29 December 2022) (Ruling)

Neutral citation: [2022] KEHC 16959 (KLR)

Republic of Kenya

In the High Court at Siaya

Insolvency Cause 1 of 2022

RE Aburili, J

December 29, 2022

Between

Sovereign Hotel Limited

Applicant

and

National Bank of Kenya Limited

1st Respondent

Kolluri Venkata Subbaraya Kamsastry

2nd Respondent

Ruling

1. I have considered the Chamber summons dated December 29, 2022 under Certificate of urgency. I certify it urgent.

2. I grant leave to the applicant to be heard during the recess.

3. On the main motion for stay of the order dated December 13, 2013 made by Hon. J. Kamau J in Kisumu High Court, I observe that the applicant alleges and deposes that the Respondent is likely to take over the applicant’s operations from 1/1/2023 unless the USD 115,000 is paid on or before December 30, 2023.

4. For that reason alone, I hereby issue a temporary stay of the order of December 13, 2022 and direct the applicant to serve the Respondents forthwith with the Notice of Motion for interpartes directions before the Duty Judge at Kisumu J. Kamau J on 5/1/2023.

5. I so direct

DATED, SIGNED AND DELIVERED AT SIAYA THIS 29TH DAY OF DECEMBER, 2022. R.E. ABURILIJUDGE