I have before me an application dated 09.05.2021 made by one of the directors of the Company seeking to stay the liquidation order of the Company primarily on the ground that it accuses the Decree-holder in COMM 253 of 2017, who was the petitioner in this matter, of pursuing parallel proceedings without the knowledge of the Liquidator. It is the judgment and decree against the Company in that case that gave rise to these liquidation proceedings.
I have heard the arguments from the parties and I take the following view of the matter. The Liquidation Order is still in force and it is the Official Receiver who has taken over the Company. I do not see any reason to intervene in the matter or in the proceedings before another court when the law on proceedings against a Company in liquidation is clear. The Liquidator is in a position to address the court in that matter. This court cannot intervene in those proceedings as this stage.
The Applicant and the directors are advised to engage the Official Receiver as the Liquidator on issues regarding the Company.
The application dated 09.05.2021 is therefore struck out.
DATED and DELIVERED at NAIROBI this 11th day of MAY 2022
D. S. MAJANJA
JUDGE