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 served on the respondent a demand in writing requiring the respondent to pay the amount to no avail. In the premises the respondent could only be deemed to be insolvent and or unable to pay its debts. In the circumstances, it was just and equitable that the respondent be wound up.
The respondent was duly served with the petition whereupon it on 17th Ma…