The Company has filed the application dated 10.06.2022 seeking to strike out the petition. It contends that it was never served with a Statutory Demand under section 384 of the Insolvency Act which is a precondition for filing a petition. That the debt upon which the claim is based is not particularized and that therefore the debt is disputed on substantial grounds and lastly, the Company is solvent. The application is opposed by the Petitioner.
I have considered the grounds and the Petitioner’s response and I find as follows. There is attached to the replying affidavit a Statutory Demand dated 12th December 2019 which has been acknowledged by the Company. Second and as regards the debt there is a clear proposal and payment plan dated 09.06.2019 signed off by the Company on 13.06.2019 acknowledging the debt and promising to pay. In the circumstances, I decline to strike out the petition. The issues raised are matters for trial. I dismiss the application dated 10.06.2022 with cost to the Petitioner.
The matter shall be mentioned on 28.032023 for compliance before the DR.
Hearing of the petition on 30.05.2023.
DATED and DELIVERED at NAIROBI this 10th day of MARCH 2023
D. S. MAJANJA
JUDGE