Cotec Security Group Limited v Muhoroni Sugar Company Limited (in Receivership)

Cotec Security Group Limited v Muhoroni Sugar Company Limited (In Receivership) (Miscellaneous Civil Application E200 of 2023) [2024] KEHC 3890 (KLR) (22 April 2024) (Ruling) Neutral citation: [2024] KEHC 3890 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KISUMU MISCELLANEOUS CIVIL APPLICATION E200 OF 2023 RE ABURILI, J APRIL 22, 2024 BETWEEN COTEC SECURITY GROUP LIMITED ................................................ APPLICANT AND MUHORONI SUGAR COMPANY LIMITED (IN RECEIVERSHIP) .................................................................................. RESPONDENT RULING 1. I have considered the application dated 9th October 2023, the grounds in support thereof and the supporting affidavit together with the annextures thereto. 2. The Respondent company is in Receivership. However, from the affidavit in support, the Receiver Manager continued to procure for services of the Applicant without payment for the same. 3. The Respondents were served with the application and the hearing notice for today but they have not appeared or opposed the application. 4. I grant leave to the Applicant to file suit against the Respondents Receiver Managers for recovery of their dues owed by the Respondent for the security services rendered. 5. The suit shall be filed before the Chief Magistrate’s Court at Kisumu. 6. I make no orders as to costs. 7. This ruling is to be typed forthwith. 8. This file is closed. DATED, SIGNED AND DELIVERED AT KISUMU THIS 22ND DAY OF APRIL, 2024 https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/3890/eng@2024-04-22 1

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