1. By an ex-parte Notice of Motion dated 7th August 2025, brought under, among others, Section 888 (1) and (2) of the Companies Act, 2015 of the Laws of Keya MUNYAKA TRADING COMPANY LIMITED, hereinafter the Applicant, seeks, among others, the following orders: -
“THAT this Honorable Court be pleased to extend the time for registration with the Respondent of a Charge over Land Reference number 36/III/1257 by a further thirty (30) days.”
2. The application is based on the grounds enumerated on the face of the application, and is supported by the affidavit of BRIDGET M. INYANJE, an Advocate at the law firm of Patricks Law Associates.
3. I have carefully perused and considered the application and note that the substratum of the application is the prayer for extension of time for registration of charge dated 14th May 2025 over Land Reference Number 36/III/1257 created by MUNYAKA TRADING COMPANY LIMITED to secure a sum of Kshs. 42,000,000/= from Amica Savings and Credit Co-operative Society Limited.
4. According to the Applicant, the charge had not been registered with the Respondent due to a missing file at Central Land Registry.
5. Section 888 of the Companies Act under which this application has been brought provides as follows; -
“888. Rectification of register of charges
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge or in a memorandum of satisfaction or release –
(a) was accidental or due to inadvertence or to some other reasonable cause; or
(b) is not of a nature to prejudice the position of creditors or members of the company, may apply to the Court for an order under subsection (2).
(2) If, on the hearing of an application made under subsection (1), the Court is satisfied-
(a) that the failure, or the omission or misstatement-
(i) was accidental or due to inadvertence or to some other reasonable cause; or
(ii) is not of a nature to prejudice the position of creditors or members of the company; or
(b) that on other grounds it is just and equitable to grant relief, the Court may, subject to such conditions (if any) as it considers fair and reasonable, order the deadline for registration to be extended, or the omission or misstatement to be corrected.”
6. Having duly considered the dispositions in the affidavit in support of the application together with the documentary evidence attached thereto in support of the application by the Applicant together with the applicable legal provisions and case law, I do find that the failure to effect registration at the Company Registry of the Charge in question within the timelines authorized in law was not intentional, that the delay has been fully and satisfactorily explained.
7. Further, this Court finds no evidence that the granting of the prayers sought will in any way prejudice the creditors or members of the Applicant Company.
8. Accordingly, I find that it is just and equitable to grant the relief sought by the Applicant. I grant the following orders:-
i. That the time for registration of a charge dated 14th May 2025 over Land Reference Number 36/III/1257 created by MUNYAKA TRADING COMPANY LIMITED to secure a sum of Kshs. 42,000,000/= from Amica Savings and Credit Co-operative Society Limited, be and is hereby extended by thirty (30) days from the date hereof.
ii. There shall be no orders as to costs.
9. It is so ordered.
SIGNED, DATED, and DELIVERED IN VIRTUAL COURT THIS
8TH AUGUST 2025
ADO MOSES
JUDGE
In the presence of: -
C/A – Moses
…N/A………...for Applicant
……N./A……...for Respondent
“THAT this Honorable Court be pleased to extend the time for registration with the Respondent of a Charge over Land Reference number 36/III/1257 by a further thirty (30) days.”
2. The application is based on the grounds enumerated on the face of the application, and is supported by the affidavit of BRIDGET M. INYANJE, an Advocate at the law firm of Patricks Law Associates.
3. I have carefully perused and considered the application and note that the substratum of the application is the prayer for extension of time for registration of charge dated 14th May 2025 over Land Reference Number 36/III/1257 created by MUNYAKA TRADING COMPANY LIMITED to secure a sum of Kshs. 42,000,000/= from Amica Savings and Credit Co-operative Society Limited.
4. According to the Applicant, the charge had not been registered with the Respondent due to a missing file at Central Land Registry.
5. Section 888 of the Companies Act under which this application has been brought provides as follows; -
“888. Rectification of register of charges
(1) A company or interested person who claims that a failure to register a charge before the deadline for registration, or an omission or misstatement of a particular with respect to any such charge or in a memorandum of satisfaction or release –
(a) was accidental or due to inadvertence or to some other reasonable cause; or
(b) is not of a nature to prejudice the position of creditors or members of the company, may apply to the Court for an order under subsection (2).
(2) If, on the hearing of an application made under subsection (1), the Court is satisfied-
(a) that the failure, or the omission or misstatement-
(i) was accidental or due to inadvertence or to some other reasonable cause; or
(ii) is not of a nature to prejudice the position of creditors or members of the company; or
(b) that on other grounds it is just and equitable to grant relief, the Court may, subject to such conditions (if any) as it considers fair and reasonable, order the deadline for registration to be extended, or the omission or misstatement to be corrected.”
6. Having duly considered the dispositions in the affidavit in support of the application together with the documentary evidence attached thereto in support of the application by the Applicant together with the applicable legal provisions and case law, I do find that the failure to effect registration at the Company Registry of the Charge in question within the timelines authorized in law was not intentional, that the delay has been fully and satisfactorily explained.
7. Further, this Court finds no evidence that the granting of the prayers sought will in any way prejudice the creditors or members of the Applicant Company.
8. Accordingly, I find that it is just and equitable to grant the relief sought by the Applicant. I grant the following orders:-
i. That the time for registration of a charge dated 14th May 2025 over Land Reference Number 36/III/1257 created by MUNYAKA TRADING COMPANY LIMITED to secure a sum of Kshs. 42,000,000/= from Amica Savings and Credit Co-operative Society Limited, be and is hereby extended by thirty (30) days from the date hereof.
ii. There shall be no orders as to costs.
9. It is so ordered.
SIGNED, DATED, and DELIVERED IN VIRTUAL COURT THIS
8TH AUGUST 2025
ADO MOSES
JUDGE
In the presence of: -
C/A – Moses
…N/A………...for Applicant
……N./A……...for Respondent