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(1990) JELR 94276 (CA)

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

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



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 application that the court adjudge the debtor bankrupt states, inter alia, that on April 17, 1989 a state counsel attached to the official receiver addressed a letter to the debtor pointing out to him that he was required under section 16 of the Act to submit to the official receiver his statement of affairs within fourteen days from the date of the letteā€¦

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