This matter was fixed for hearing today, 21.07.2023, in presence of the parties. The matter was adjourned to today as counsel for the Debtor undertook to make part payment of the debt due to the Petitioner. According to the counsel for the Petitioner no payment has been made and there is no appearance on behalf of the Debtors in court. I directed the matter to proceed for hearing.
The matter before the court is a creditors petition dated 13.06.2023. It is based of the inability of the Debtor to pay their debts on account of a judgment debt following judgment against them on 17.01.2020 in HCCOMM No. 88 of 2010, Autosteel and Tiles Limited v Mohamed Mohamoud Abdi and Kheira Maalim Mohammed t/a Sunrise Shopping Mall. The sum of money has not been paid despite several promises to make payment. A judgment debt constitutes an unconditional demand for payment. There is no reason a bankruptcy order should not be made as the decretal sum is not disputed and has been outstanding since 2020 when judgment was entered against the Debtor. This is clear evidence of inability to pay debts by the Debtors.
I allow the Petition on the following terms:
1. A Bankruptcy Order be and is hereby issued against MOHAMED MOHAMOUD ABDI and KHEIRA MAALIM MOHAMED.
2. The Official Receiver is appointed trustee of the affairs of the aforesaid Debtors.
3. Costs of the petition shall be in the bankruptcy.
DATED and DELIVERED at NAIROBI this 21st day of JULY 2023
D. S. MAJANJA
JUDGE