Case law
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Division and case type: Constitutional and Human RightsPetition
…By its petition filed in this court on 16th April, 1991, Kenya Shell Limited, a limited liability company (hereinafter called the petitioner ) seeks an order for winding up of East African Road Services Limited, a limited…
…liability company with its registered office in Nairobi (here in after called the company) on the grounds that the company is unable to pay its debts ( s.219 (e) of the Companies Act).…
Division and case type: Constitutional and Human RightsPetition
…The documents filed on behalf of the petitioner in response to the application have not shown any admission of liability on behalf of the company. Invoices alone do not prove any indebtedness.…
…As the goods were supplied in 1996 to 1997, the company does not show liability has ever been disputed. In the application and affidavit, they do not show they are prepared to return the goods.…
Division and case type: Constitutional and Human RightsPetition
…On receipt of same, the company through its advocates denied liability and asked for particulars as to how the debt was incurred.…
…The company opposes the petition and liability on the grounds that it never requested for such services. At the hearing, Mr Ngunjiri advanced a number of arguments against the continuation of the petition.…
Division and case type: Constitutional and Human RightsPetition
…This petition was filed by Trio Holdings Ltd (hereinafter called the Creditor ) on 19th October, 1988 seeking that Magnum International Ltd a limited liability company registered in Kenya under the Companies Act (Cap 486)…
Division and case type: Constitutional and Human RightsPetition
…It is submitted that this petition comes under section 221(1) (iii) as the petitioner was a contingent creditor due to the only and it is only the court that may assess the amount of prospective liability as to its quantum…
Division and case type: CriminalCriminal Case
…Entries in a book of account regularly kept in the course of business are admissible for matters which the court has to inquire but such statements alone are not sufficient evidence to charge a person with liability. 6.…
…of account regularly kept in the course of business are admissible wherever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability…
Division and case type: Constitutional and Human RightsPetition
…section 26A of the Penal Code, ordered deported under section 43 of this Act, persons whose citizenship has not been established, deportees in transit, and persons denied entry awaiting return and who are not under carrier liability…