REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Winding Up Cause 26 of 2008 GREAT SOUTHERN COACH …………………………..… PLAINTIFF VERSUS IN THE MATTER OF COMPANIES ACT ……………...DEFENDANT RULING The applicant is the company faced by a creditor winding up petition. Notice of motion dated 20/5/09 is brought under Section 223 (b), 225 Companies Act and Civil Procedure Act, Section 3A, 34 and 63 (e), Rule 7 (1) Companies Act, Order 21 Rule 22 (1) and Order 50 Rule (1). The applicant (the Company) seeks orders that pending the hearing and determination of this application the court do order a stay of execution of decree and stay of proceedings in the matters listed under paragraph 2 and 3 and 4 of the motion pending the finalization of the Winding Up Cause. The creditor’s petition is for a debt of Kshs.982,187/= only. The powers of court to stay proceedings is discretionally under Section 223 of Companies Act. The supporting affidavit states that for reason of the Winding Up proceedings the company shall not have capacity to proceed with all these suits. I have perused the lists of cases contained in the affidavit. They are several and must involve sums of money. I am of the view that the interests of so many litigants would be prejudiced if stay was granted and it appears the orders are not sought in good faith. I find no good reasons adduced to warrant making a stay order. The application is dismissed. It is so ordered. DATED, SIGNED and DELIVERED at Nairobi this 17th day of July, 2009. JOYCE N. KHAMINWA JUDGE
A note on accuracy. These pages are generated automatically from our AI-written case briefs and have not been checked by a lawyer. Case titles and citations come from Kenya Law; the counts, topics, propositions and “treatment” labels are derived from the briefs and can be incomplete or wrong. Use them as a research aid and always read the original judgment before relying on anything here. This is not legal advice.