judy.legal
Login Register

SUKARI SACCO LTD, PATRICK WAFULA JUMA & JESSE FWAMBA V. MUMIAS OUTGROWERS (MOCO) 1998 LTD

(2011) JELR 96320 (CA)

Court of Appeal  •  Civil Application 119 of 2011  •  21 Sep 2011  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING

This is an application under Rules 4, 76 and 77 of the Court of Appeal Rules in essence for extension of time within which to serve a notice of appeal and for dispensation of service of the notice of appeal on some affected parties.

The applicants who are wrongly named as petitioners in the application filed a winding-up petition in the High Court at Bungoma being Winding Up Petition No. 1 of 2009 seeking an order to wind up Mumias Outgrowers Company [1998] Ltd (company) on the ground that the company was insolvent. Upon the advertisement of the petition, various parties including Equity Bank Ltd gave a notice of intention to appear on the hearing of the petition. Equity Bank Ltd indicated in its notice that it was a creditor of the company owed Kshs.28.716,930/- while Mumias Sugar Company Ltd which also gave a notice of intention to appear claimed to be a creditor for Kshs.818,869,440/- On its part, Eri Supplies Ltd gave a notice of intention to appear claiming that it was a cr…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login