RULING
1. This matter came up for hearing on 10/7/2025. It is a Notice of Motion dated 30th June, 2025. It is brought under Article 50 to 159(2) (c) of the Civil Procedure Act Cap 21 of the Laws of Kenya and all other enabling provisions of the Law.
2. It is supported by the Affidavit of Misheck Murira sworn on 30/6/2025.
3. On 3/7/2025 this Court directed the Applicant to serve the Official Receiver with the application dated 30/6/2025. The Official Receiver was to attend Court and let the Court know the status of this matter.
4. On 10/7/2025, Mr. Njenga Counsel appearing for the Official Receiver did attend Court. He informed the Court that a certificate of compliance has been issued by the Official Receiver. That the Official Receiver does not oppose the issuance of temporary reliefs. After all it is the Official Receiver who will be appointed to supervise company voluntary arrangement with the creditors.
5. The Court having read the Affidavit in support is persuaded that some interim orders of relief are necessary in this matter.
Determination
6. The Court proceeds to make the following orders;
a) THAT the Court grants a Moratorium for Mango Limited for ninety (90) days as it implements a Company Voluntary Arrangement with its Creditors.
b) THAT an order be and is hereby issued restraining any Creditors either by itself, its servants, agents, or any other person acting under its authority, from having access, entering, taking possession of and/or in other manner interfering with the business operations of Mango Limited.
c) THAT the Office of the Official Receiver is hereby appointed as the supervisor of the Company Voluntary Arrangement.
d) THAT the order and the application be served upon the office of the Official Receiver as well as the Creditors with seven (7) days from the date of this order.
7. Matter be mention on 15/10/2025 for the Court to be updated on the status.
8. It is so ordered.
Dated, Signed and Delivered at Nairobi this 10th day of July, 2025
NJOROGE BENJAMIN K.
JUDGE
In the presence of
Mr. Mureithi for the Applicant.
Mr. Njenga for the Official Receiver.
Mr. Luyai Court Assistant.
1. This matter came up for hearing on 10/7/2025. It is a Notice of Motion dated 30th June, 2025. It is brought under Article 50 to 159(2) (c) of the Civil Procedure Act Cap 21 of the Laws of Kenya and all other enabling provisions of the Law.
2. It is supported by the Affidavit of Misheck Murira sworn on 30/6/2025.
3. On 3/7/2025 this Court directed the Applicant to serve the Official Receiver with the application dated 30/6/2025. The Official Receiver was to attend Court and let the Court know the status of this matter.
4. On 10/7/2025, Mr. Njenga Counsel appearing for the Official Receiver did attend Court. He informed the Court that a certificate of compliance has been issued by the Official Receiver. That the Official Receiver does not oppose the issuance of temporary reliefs. After all it is the Official Receiver who will be appointed to supervise company voluntary arrangement with the creditors.
5. The Court having read the Affidavit in support is persuaded that some interim orders of relief are necessary in this matter.
Determination
6. The Court proceeds to make the following orders;
a) THAT the Court grants a Moratorium for Mango Limited for ninety (90) days as it implements a Company Voluntary Arrangement with its Creditors.
b) THAT an order be and is hereby issued restraining any Creditors either by itself, its servants, agents, or any other person acting under its authority, from having access, entering, taking possession of and/or in other manner interfering with the business operations of Mango Limited.
c) THAT the Office of the Official Receiver is hereby appointed as the supervisor of the Company Voluntary Arrangement.
d) THAT the order and the application be served upon the office of the Official Receiver as well as the Creditors with seven (7) days from the date of this order.
7. Matter be mention on 15/10/2025 for the Court to be updated on the status.
8. It is so ordered.
Dated, Signed and Delivered at Nairobi this 10th day of July, 2025
NJOROGE BENJAMIN K.
JUDGE
In the presence of
Mr. Mureithi for the Applicant.
Mr. Njenga for the Official Receiver.
Mr. Luyai Court Assistant.