REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MOMBASA IN THE MATTER OF THE INSOLVENCY ACT INSOLVENCY CAUSE NO. 6 OF 2017 RE: ILLFAN HUSSEIN YUNUS (DEBTOR) RULING 1. I have read the debtors petition expressed to seek a bankruptcy order as well as the particulars provided therewith. 2. I have appreciated that the debtor has been a businessman since 2008 trading as MANTRACK 200 ENTERPRISES and that his financial difficulties were occasioned by clients defaulting and lack of business. However the statement of affairs did not provide detailed critical and mandatory information among them the details of spouse, details of any debts owed to the debtor, any stock in trade or even household goods or cash at hand. 3. To the court the statement of affairs is either deficient, in material particulars or just evasive. Either way it cannot attract a bankruptcy order before the details are availed. Accordingly and in accordance with section 32(2) and 33, I decline to deal with the application and direct that the debtor files a fresh and detailed statement of affairs, not merely reproducing the statutory forms but giving the true and accurate details of his financial affairs. He shall do so within 10 days from today. 4. This matter shall be mentioned on 26.2.2018 for further directions. Dated and delivered at Mombasa this 9th day of February 2018. P.J.O. OTIENO JUDGE 7.2.2018
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.