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Paul Joseph Ngei v. Official Receiver

(1990) JELR 94276 (CA)

Court of Appeal  •  Civil Appeal 111 of 1990  •  22 Nov 1990  •  Kenya

Coram
Abdul Majid Cockar, Joseph Raymond Otieno Masime, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(CORAM: NYARANGI, MASIME and COCKAR JJ A)

CIVIL APPEAL NO 111 OF 1990

PAUL JOSEPH NGEI .............................. APPELLANT

VERSUS

OFFICIAL RECEIVER............................ RESPONDENT

(Appeal from a Ruling and Order of the High Court at Nairobi (Akiwumi J) dated 14th June 1990 in High Court Bankruptcy Cause No 14 of 1988)

JUDGMENT

This is an appeal by the debtor, Mr Paul Joseph Ngei, against a ruling and order of Akiwumi, J whereby he adjudged the debtor bankrupt pursuant to section 20(1) of the Bankruptcy Act, cap 53 (the Act). The petition was filed on August 11, 1988 on a debt of Shs 133,457.15 being the amount due to the Middle East Bank Limited as at March 31, 1988 on a final judgment obtained against the debtor in High Court Civil Case No 2598 of 1988 together with interest thereon at the rate of 15% per annum from the said date until payment in full. On November 30, 1988, a receiving order was made on that petition.

An affidavit in support of the…

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