In re Bettevest Investment Ltd (Commercial Miscellaneous Application E1014 of 2025) [2025] KEHC 16460 (KLR) (9 October 2025) (Ruling) Neutral citation: [2025] KEHC 16460 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) COMMERCIAL MISCELLANEOUS APPLICATION E1014 OF 2025 MO ADO, J OCTOBER 9, 2025 IN THE MATTER OF AN APPLICATION FOR EXTENSION OF TIME FOR REGISTRATION OF A FIXED AND FLOATING DEBENTURE OVER ASSETS OF DAYSPRINGS VENTURES LIMITED IN FAVOUR OF BETTERVEST INVESTMENT LTD IN THE MATTER OF BETTEVEST INVESTMENT LTD ......................................................... APPLICANT RULING 1. By an ex parte Notice of Motion dated 6th October 2025, brought under, among others, sections 878, 885(a) and 888(2) of the Companies Act, 2015 of the Laws of Kenya, Bettervest Investment Ltd, hereinafter the applicant, seeks, in the main, the following order: “ That, the time for registration of the fixed and floating Debenture dated 25th July 2025, (hereinafter referred to as “Debenture”) in favour of the applicant by Daysprings Ventures Limited (hereinafter referred to as “Borrower”) be extended by 30 days from the date of the order herein or such other period as the court shall deem fit.” 2. The application is based on the grounds enumerated on the face of the application, and is supported by the affidavit of Damaris Wangari Kahiga, an advocate at the law firm of Munyaka Advocates LLP. 3. I have carefully perused and considered the application and note that the substratum of the application is the prayer for extension of time for registration of the fixed and floating Debenture dated 25th July 2025, (hereinafter referred to as “Debenture”) in favour of the applicant by Daysprings Ventures Limited (hereinafter referred to as “Borrower”). 4. Section 888 of the Companies Act under which this application has been brought provides as follows; “ 888. Rectification of register of charges https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16460/eng@2025-10-09 1
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1. 2. A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge or in a memorandum of satisfaction or release – a. was accidental or due to inadvertence or to some other reasonable cause; or b. is not of a nature to prejudice the position of creditors or members of the company, may apply to the court for an order under subsection (2). If, on the hearing of an application made under subsection (1), the court is satisfieda. b. that the failure, or the omission or misstatementi. was accidental or due to inadvertence or to some other reasonable cause; or ii. is not of a nature to prejudice the position of creditors or members of the company; or that on other grounds it is just and equitable to grant relief, the court may, subject to such conditions (if any) as it considers fair and reasonable, order the deadline for registration to be extended, or the omission or misstatement to be corrected.” 5. Having duly considered the dispositions in the affidavit in support of the application together with the documentary evidence attached thereto in support of the application by the applicant together with the applicable legal provisions and case law, I do find that the failure to effect registration at the company registry of the fixed and floating Debenture dated 25th July 2025, within the timelines authorized in law was not intentional, that the delay has been fully and satisfactorily explained. 6. Further, this court finds no evidence that the granting of the prayers sought will in any way prejudice the creditors or members of the applicant Company. 7. Accordingly, I find that it is just and equitable to grant the relief sought by the applicant. I grant the following orders: 8. i. That the time for registration of the fixed and floating Debenture dated 25th July 2025, (hereinafter referred to as “Debenture”) in favour of the applicant by Daysprings Ventures Limited (hereinafter referred to as “Borrower”) is hereby extended for thirty (30) days from the date hereof. ii. There shall be no orders as to costs. It is so ordered. SIGNED, DATED, AND DELIVERED IN VIRTUAL COURT THIS 9TH OCTOBER, 2025. ADO MOSES https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16460/eng@2025-10-09 2
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JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16460/eng@2025-10-09 3
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