|Bankruptcy Cause 14 of 1988
|PAUL JOSEPH NGEI v OFFICIAL RECEIVER
|18 Dec 1992
|High Court at Nairobi (Milimani Law Courts)
|Gideon P Mbito
|PAUL JOSEPH NGEI v OFFICIAL RECEIVER  eKLR
|Miss Abincha for applicant
|Miss Abincha for applicant
[Ruling] – BANKRUPTCY LAW – discharge – application for discharge – where the application has not been brought on a manner prescribed by law – effect of – factors the court considers in such applications – validity of order
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Bankruptcy Cause 14 of 1988
PAUL JOSEPH NGEI……………….........................................…………………APPLICANT
Coram: Mbito, J.
Miss Abincha for applicant
Nil for Respondent
Mwai - Clerk
This application does not appear to have been prepared by a qualified lawyer and if so then the person who prepared it has no business calling himself a lawyer.
This is the second time, the bankrupt is trying to have either absolved or discharged from the orders of bankruptcy. He would by now be a free person. In the first application filed on 22nd July, 1992, he filed an application similar to the current one. It was not supported by a certificate from the official receiver; it had not been advertised and a report had not been filed as it was fixed for hearing one day after filing. It was naturally refused as the document did not ask for discharge.
A similar application was filed herein on 8th December, 1992 and was fixed for hearing on 9th December 1992. Naturally it could not proceed and was adjourned to 15th December, 1992 when I ordered that a proper application be made. It was duly made and came up for hearing on 17th December, 1992. The learned counsel for the respondent objects to the continuation thereof on the grounds that it is not accompanied by a certificate of the official receiver, that it has not been by registrar etc. miss Abicha argues that, that had not been done as the Official Receiver had refused to provide a certificate which fact is not deponed to in the applicant’s affidavit and is rightly denied by Mrs. Gachegu. In fact the affidavit merely states that the bankruptcy never had any debtors and the declaration of bankruptcy should be annulled, a matter which is now beyond this court as the declaration was confirmed by the court of appeal.
Looking through this matter I find that the applicant is being misadvised. I have therefore decided to treat the hearing as for directions and now direct as follows:-
Meanwhile all further proceedings herein are stayed until the above exercise is completed. Cost of this application to date to be paid by applicant in any event.
Dated at Nairobi this 18th day of December, 1992.