Following the hearing of the Creditor’s petition, the court issued a liquidation order on 27.08.2021. The Company now seeks to set aside the liquidation order through by the application dated 28.10.2021. I have considered the arguments by the parties and whereas the Company complains that it was not served with the Demand and Statutory notices, it does not deny that there is a decree in HCCOMM 253 of 2017 against it which has not been satisfied to date.
I have also considered the alleged defects alongside provisions of the section 696 of the Insolvency Act, the circumstances of this case and bearing in mind the decision of the Court of Appeal in Prideinn Hotels and Investments Limited v Tropicana Hotels Limited [2018] eKLR, I order as follows:
(a) The Liquidation order issued on 27.08.2021 be and is hereby suspended for a period of 3 months from the date hereof.
(b) Mention on 04.03.2022 to confirm that the debt has been settled.
DATED and DELIVERED at NAIROBI this 17th day of NOVEMBER 2021
D. S. MAJANJA
JUDGE