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IN THE MATTER OF:AMARCO (KENYA) LTD AND IN THE MATTER OF:THE COMPANIES ACT CHAPTER 486 OF THE LAWS OF KENYA

(2006) JELR 96501 (CA)

Court of Appeal  •  BANKRUPTCY AND WINDING UP CAUSE NO. 5 OF 2005  •  24 Feb 2006  •  Kenya

Coram
Joseph Kiplagat Sergon

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA PEAL AT MOMBASA

BANKRUPTCY AND WINDING UP CAUSE NO. 5 OF 2005

IN THE MATTER OF: AMARCO (KENYA) LTD

AND

IN THE MATTER OF: THE COMPANIES ACT

CHAPTER 486 OF THE LAWS OF

KENYA

R U L I N G

The subject matter of this ruling is the Preliminary Objection dated 9th January 2006 which read as follows:-

“Take Notice that the Company, M/s Amarco (K) Ltd intends to raise a Preliminary Objection that the hearing of the Petition is premature as the same has not been served in accordance with the law and that the Petition is fatally defective in law.”

The substantive matter in this proceeding is a petition dated 30.9.2005 for the winding up of Amarco (K) Ltd presented by the Kenya Ports Authority hereinafter referred to as K.P.A. The petition is verified by the affidavit sworn by Raha Mwambela Jilo on the same date.

Amarco (K) Ltd filed a replying affidavit and a Preliminary Objection to resist the petition. When the petition came up for hearing, it became imp…

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