RULING
1. The application before the Court is by way of Notice of Motion dated 8th April 2026.
2. The application seeks the following reliefs:
a) Spent.
b) THAT this Honourable Court be pleased to grant an order extending the time within which to register the Company Charge dated 3rd March 2026 created by Tatawwar Investment Limited to secure loan facility from Gulf African Bank Limited to the borrower Goodmed Healthcare Limited against property known as NAIROBI/BLOCK 125/1006 & NAIROBI/BLOCK 125/1007 which charge has not been lodged for registration against the Company file of T atawwar Investment Limited in the office of the Registrar of Companies within the prescribed 30 day period.
c) THAT the costs of this application be in the cause.
3. The application is supported by the affidavit of NJUNG’E EVANSON NDUNG’U an Advocate of the High Court of Kenya. He practices as such with the law firm of Daniel & Kenneth Advocates LLP .
4. He deponed that the received instructions from the Bank to create a charge in respect of a mortgage facility for the T atawwar Investment Limited. The sum to be secured was Ksh56,000,000/=.
5. The charge was duly created and registered. There was a delay in registration at the office of the Registrar of Companies. The time frame for such registration is 30 days. The same has lapsed.
6. The reasons advanced are the usual reasons of delays due to the migration of registration formalities from a manual system to a digital system, at the Lands Registry.
7. This Court has powers under S ection 888 of the Companies Act to grant the orders sought.
8. The Court is persuaded to allow the application dated 8th April 2026.
9. As to costs the same will be in the cause as prayed.
Determination
10. The Applicant’s Application by way of a Notice of Motion dated 8th April, 2026 is allowed as follows;
a) THAT this Honourable Court HEREBY grants an order extending the time within which to register the Company Charge dated 3rd March 2026 created by T atawwar Investment Limited to secure loan facility from Gulf African Bank Limited to the borrower Goodmed Healthcare Limited against property known as NAIROBI/BLOCK 125/1006 & NAIROBI/BLOCK 125/1007 which charge has not been lodged for registration against the Company file of Tatawwar Investment Limited in the office of the Registrar of Companies within the prescribed 30 day period. The time period is extended by a period of Thirty (30) days from the date of this Ruling.
b) THAT the costs of this application be in the cause.
11. THAT It is so ordered.
12. THAT this file be marked as closed.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF APRIL, 2026.
NJOROGE BENJAMIN K.
JUDGE
In the presence of;
Miss Wambasa for the Applicant.
Mr. Peter Wabwire - Court Assistant.
1. The application before the Court is by way of Notice of Motion dated 8th April 2026.
2. The application seeks the following reliefs:
a) Spent.
b) THAT this Honourable Court be pleased to grant an order extending the time within which to register the Company Charge dated 3rd March 2026 created by Tatawwar Investment Limited to secure loan facility from Gulf African Bank Limited to the borrower Goodmed Healthcare Limited against property known as NAIROBI/BLOCK 125/1006 & NAIROBI/BLOCK 125/1007 which charge has not been lodged for registration against the Company file of T atawwar Investment Limited in the office of the Registrar of Companies within the prescribed 30 day period.
c) THAT the costs of this application be in the cause.
3. The application is supported by the affidavit of NJUNG’E EVANSON NDUNG’U an Advocate of the High Court of Kenya. He practices as such with the law firm of Daniel & Kenneth Advocates LLP .
4. He deponed that the received instructions from the Bank to create a charge in respect of a mortgage facility for the T atawwar Investment Limited. The sum to be secured was Ksh56,000,000/=.
5. The charge was duly created and registered. There was a delay in registration at the office of the Registrar of Companies. The time frame for such registration is 30 days. The same has lapsed.
6. The reasons advanced are the usual reasons of delays due to the migration of registration formalities from a manual system to a digital system, at the Lands Registry.
7. This Court has powers under S ection 888 of the Companies Act to grant the orders sought.
8. The Court is persuaded to allow the application dated 8th April 2026.
9. As to costs the same will be in the cause as prayed.
Determination
10. The Applicant’s Application by way of a Notice of Motion dated 8th April, 2026 is allowed as follows;
a) THAT this Honourable Court HEREBY grants an order extending the time within which to register the Company Charge dated 3rd March 2026 created by T atawwar Investment Limited to secure loan facility from Gulf African Bank Limited to the borrower Goodmed Healthcare Limited against property known as NAIROBI/BLOCK 125/1006 & NAIROBI/BLOCK 125/1007 which charge has not been lodged for registration against the Company file of Tatawwar Investment Limited in the office of the Registrar of Companies within the prescribed 30 day period. The time period is extended by a period of Thirty (30) days from the date of this Ruling.
b) THAT the costs of this application be in the cause.
11. THAT It is so ordered.
12. THAT this file be marked as closed.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 16TH DAY OF APRIL, 2026.
NJOROGE BENJAMIN K.
JUDGE
In the presence of;
Miss Wambasa for the Applicant.
Mr. Peter Wabwire - Court Assistant.