In re Matano Mohamed Mwakwa Phasa (Debtor) (Bankruptcy Cause 2 of 2016) [2024] KEHC 9137 (KLR) (24 July 2024) (Ruling) Neutral citation: [2024] KEHC 9137 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT MOMBASA BANKRUPTCY CAUSE 2 OF 2016 JK NG'ARNG'AR, J JULY 24, 2024 IN THE MATTER OF THE BANKRUPTCY ACT CAP 53 (NOW REPEALED) IN THE MATTER OF THE INSOLVENCY ACT 2015 BANKRUPTCY CAUSE NO. 2 OF 2016 IN THE MATTER OF MATANO MOHAMED MWAKWA PHASA (DEBTOR) RULING 1. This is a ruling to the application dated 9/4/2024. The application was served. 2. It seeks orders that the court be pleased to rescind the receiving order made against the Debtors Estate on 19/7/2016. Further that the Court be pleased to discharge the Official Receiver as Interim Receiver of the Debtor’s estate. 3. It is supported by the affidavit of Matano Mohammed Mwakaphasa (debtor). I have considered the application. The same is not opposed. 4. The reasons are plausible. Accordingly, I do proceed to allow the application dated 9/4/2024 as presented. DATED AND DELIVERED VIRTUALLY AT MOMBASA ON THIS 24TH DAY OF JULY, 2024. ……………………… J.K. NG’ARNG’AR, HSC JUDGE In the presence of: Chebukaka & Associates Advocates for the Debtor/Applicant https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/9137/eng@2024-07-24 1
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Present for Official Receiver Court Assistant – Samuel Shitemi https://new.kenyalaw.org/akn/ke/judgment/kehc/2024/9137/eng@2024-07-24 2
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