OFFICIAL RECEIVER AND LIQUIDATOR V. FREIGHT FORWARDERS KENYA LIMITED

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAIROBI (MILIMANI LAW COURTS)

CIVIL APPEAL 235 OF 1997

THE OFFICIAL RECEIVER AND LIQUIDATOR ................................ APPELLANT

AND

FREIGHT FORWARDERS KENYA LIMITED ...................................RESPONDENT

(Appeal from the Ruling of the High Court of Kenya

Nairobi (Shah, J) dated 23rd June, 1994

in

H.C. WINDING UP CAUSE NO. 6 OF 1981)

************

JUDGMENT OF GICHERU, JA

At the hearing of this appeal on 8th March, 2000, counsel for the appellant, Mr. Gatonye, submitted that in a nut-shell, the appellant's appeal gravitates on the refusal by the superior court to review its order made on 28th April, 1994.

By a Chamber Summons dated 23rd July, 1993 and made under section 72 of the Bankruptcy Act, Chapter 53 of the Laws of Kenya, sections 242(5) and 310 of the Companies Act, Chapter 486 of the Laws of Kenya, rules 5(2) and 107(3) of the Companies (Winding Up) Rules, section 3A of the Civil Procedure Act, chapter 21 of the Laws of Kenya and al…