OFFICIAL RECEIVER AND PROVISIONAL LIQUIDATOR NYAYO BUS SERVICE CORPORATION V. FIRESTONE E.A. (1969) LIMITED

JUDGMENT OF THE COURT

:The respondent filed, in the superior court, on the 26th November, 1996, a suit against Nyayo Bus Service Corporation (the corporation), seeking judgment in the sum of Shs. 13,577,184/15 being the value of goods sold and delivered by the respondent to the corporation during the years 1995 and 1996. At the time the suit was filed the corporation was not in liquidation. February, 1997 one George M. Mitine, the Investment Secretary/Co-ordinator to the Department of Government Investment and Public Enterprise in the Ministry of Finance, Government of Kenya, lodged a petition to wind up the corporation, the corporation being indebted to the said Department and being unable to discharge its indebtedness.

On 25th May, 1997 the superior court (Ole Keiuwa, J.) ordered that the corporation be wound up by court under the provisions of the Companies Act, Cap. 486, Laws of Kenya (the Act) and that the Official Receiver be constituted Provisional Liquidator of the affairs of th…