THE OFFICIAL RECEIVER AND LIQUIDATOR V. FREIGHT FORWARDERS KENYA LIMITED

JUDGMENT OF O'KUBASU J.A

This appeal arises out of a Ruling by the High Court (A.B. Shah, J as he then was) delivered on 23rd June, 1994 in Winding up Cause No. 6 of 1981. There are four grounds of

a"1p.pTehael :-learned judge misapprehended and misapplied the principles of review set out in Order 44 of the Civil Procedure Rules to the facts before him.

2.The learned judge erred in failing to consider the merits of the application for review.

3.The learned judge erred in failing to appreciate that the appellant's inability to pay the claim arose independent of any wrongdoing on his part and for that reason, he should not be penalised.

4.In any event the learned judge erred in failing to appreciate that payment as ordered by him in his ruling of 28th April, 1994 would constitute preferential treatment to the respondent".

In order to appreciate the gist of this appeal, it may be necessary to go back to the order made on 28th April, 1994. The record shows that on that day the application befo…