IN THE COURT OF APPEAL OF KENYA
AT MOMBASA
CIVIL APPEAL 209 OF 2007
BETWEEN
UNIVERSAL HARDWARE LIMITED....................APPELLANT
AND
AFRICAN SAFARI CLUB LIMITED..................RESPONDENT
(Appeal from the ruling and order of the high Court of Kenya at Mombasa (Maraga, J.) dated 17th November, 2006
in
Winding Up Cause No.1 Of 2005)
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JUDGMENT OF MAKHANDIA, J.A.
On 9th March, 2005, the appellant mounted in the superior court a petition to wind up the respondent pursuant to the provisions of section 220 of the Companies Act. The main and sole ground upon which the petition was anchored was that as at 30th December, 2004, the respondent was indebted to the appellant in the sum of Kshs.24,181,684/55 being the amount for goods and or services rendered by the appellant to the respondent. The appellant had made several requests and or demands for payment of the debt but the respondent had failed and or neglected to do so. On 2nd February, 2005, the appellant had caused to be serve…