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…It is not in dispute that Syokimau Farm Limited is subject to voluntary winding up proceedings initiated by a special resolution passed on the 26th July 2013 and published in the Kenya Gazette on the 8th August 2013 as notice…

…The Respondent submits that the Applicant has no locus standi to institute this suit as it is subject to voluntary winding up proceedings initiated by a special resolution passed on the 26th July 2013 and published in the…

…Further that a secured creditor is entitled to stand outside the winding up proceedings and rely on its security.…

…Further that a secured creditor is entitled to stand outside the winding up proceedings and rely on its security.…

…However the Respondent confirms that the company has not been formally wound up i.e no winding up proceedings have taken place.…

…It is the alleged siphoning off of the moneys into other ventures that offends the petitioners and they want the five companies to be enjoined in the winding up proceedings so that the sums in question could be traced and…

…Hoffman J, in regard to the duplication of issues in a winding up action and proceedings commenced by a writ said: “I would be reluctant to come to the conclusion that this form of duplication was necessary unless it was…

…It was contended that if the Appellant genuinely believed it was insolvent, it could have itself commenced winding-up proceedings. 31.…

…An unsatisfied judgment against it exposes it to execution or winding up proceedings which falls foul of another one (clause 11 (a). It did not have the money ready to be paid.…

…Consequently he acceded to the application to strike out the petition with costs, and ordered that it be expunged from the register of winding up proceedings.…