IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: WAMBUZI, PLAW, V.PMUSTAFA, J.A)
CIVIL APPEAL 58 OF 1972
CHARN SINGH S/O KESAR SINGH.....................................APPELLANT
AND
1. THE OFFICIAL RECEIVER
2. HARNAM SW/O ATTAR SINGH
3. GURCHARN SINGH S/O KESAR SINGH..........................RESPONDENTS
(Appeal from the judgment of the high court of Kenya at Nairobi (Simpson, J.) dated 20th January, 1972
In
Bankruptcy cause No.28 of 1963)
JUDGEMENT OF WAMBUZI, P.
I have had the benefit of reading in draft the judgment prepared by Law, V.P. and I agree that this appeal must fail.
It is not easy to understand why the appellant who filed his own petition in bankruptcy and subsequently filed a consent order that he be adjudged a bankrupt should now claim that the adjudication should be annulled because his estate was never insolvent. If indeed he had filed the petition in bankruptcy to protect his assets from the claim of Fraudulent Creditors, why did he consent to be adjudged a bankrupt? The sugges…