Ruling
1. This matter comes up for the hearing of a Notice of motion date 23rd June, 2025. It is filed under a Certificate of Urgency. It is supported by the Affidavit of Eric N.Mugo Advocate.
2. It is presented under Section 888 of the Companies Act, Section 3A of the Civil Procedure Act, Order 51 of the Civil Procedure Rules, 2010 and all other enabling provisions of the law.
3. it seeks the following orders;
a) THAT this application be certified as urgent and the same be heard exparte in the first instance.
b) THAT this Honourable Court be pleased to extend time for registration at the Companies Registry, of a Floating Charge Debenture to secure the sum of Kenya Shillings Three Million (Kshs.3,000,000/=) and registered in favour of Kua Ventures Limited and dated as of 12th January, 2023 (hereinafter the debenture) for such a period as this Honourable Court shall deem as appropriate.
4, The Court notes that it considered a similar application in this matter dated 22nd January, 2025. It delivered a Ruling dated 27th January, 2025.
5, It would appear that the Applicant did not comply by registering the debenture within the time stipulated in the Ruling.This has necessitated the filing of the current motion.
6. The Court notes that the previous application was not opposed. It may therefore serve no useful purpose to have the Applicant serve the current application,
7. The ground relied upon for failure to register the Debenture in time is inadvertence. Time ran out before the Debenture was registered.The Applicant stands to be prejudiced if the debenture is not registered as it would have no legal effect capable of enforcement. The only saving grace would be through an extension of time for the registration of the Debenture. The Court perceives no prejudice that may be caused by granting the orders sought. This is more so bearing in mind the undefended history of this matter.
8. The Court is persuaded that the application is merited and proceeds to make the following orders
Determination.
9. The matter is certified as urgent and considered exparte in the circumstances.
10. THAT this Court extends the time for the registration at the Companies Registry, of a Floating Charge Debenture to secure the sum of Kenya Shillings Three Million (Kshs.3,000,000/=) and registered in favour of Kua Ventures Limited and dated as of 12th January, 2023 (hereinafter the debenture) for a period of Thirty (30) days from the date of this Ruling.
11. The costs be in the cause.
12. It is so ordered.
13. This file be marked as closed.
Dated at Nairobi this 23rd Day of June, 2025.
Njoroge Benjamin K.
Judge
1. This matter comes up for the hearing of a Notice of motion date 23rd June, 2025. It is filed under a Certificate of Urgency. It is supported by the Affidavit of Eric N.Mugo Advocate.
2. It is presented under Section 888 of the Companies Act, Section 3A of the Civil Procedure Act, Order 51 of the Civil Procedure Rules, 2010 and all other enabling provisions of the law.
3. it seeks the following orders;
a) THAT this application be certified as urgent and the same be heard exparte in the first instance.
b) THAT this Honourable Court be pleased to extend time for registration at the Companies Registry, of a Floating Charge Debenture to secure the sum of Kenya Shillings Three Million (Kshs.3,000,000/=) and registered in favour of Kua Ventures Limited and dated as of 12th January, 2023 (hereinafter the debenture) for such a period as this Honourable Court shall deem as appropriate.
4, The Court notes that it considered a similar application in this matter dated 22nd January, 2025. It delivered a Ruling dated 27th January, 2025.
5, It would appear that the Applicant did not comply by registering the debenture within the time stipulated in the Ruling.This has necessitated the filing of the current motion.
6. The Court notes that the previous application was not opposed. It may therefore serve no useful purpose to have the Applicant serve the current application,
7. The ground relied upon for failure to register the Debenture in time is inadvertence. Time ran out before the Debenture was registered.The Applicant stands to be prejudiced if the debenture is not registered as it would have no legal effect capable of enforcement. The only saving grace would be through an extension of time for the registration of the Debenture. The Court perceives no prejudice that may be caused by granting the orders sought. This is more so bearing in mind the undefended history of this matter.
8. The Court is persuaded that the application is merited and proceeds to make the following orders
Determination.
9. The matter is certified as urgent and considered exparte in the circumstances.
10. THAT this Court extends the time for the registration at the Companies Registry, of a Floating Charge Debenture to secure the sum of Kenya Shillings Three Million (Kshs.3,000,000/=) and registered in favour of Kua Ventures Limited and dated as of 12th January, 2023 (hereinafter the debenture) for a period of Thirty (30) days from the date of this Ruling.
11. The costs be in the cause.
12. It is so ordered.
13. This file be marked as closed.
Dated at Nairobi this 23rd Day of June, 2025.
Njoroge Benjamin K.
Judge