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…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Bankruptcy Cause 14 of 1988 IN THE MATTER OF BANKRUPTCY ACT ……...............................…………….PLAINTIFF Versus IN THE MATTER OF HON.…

…Public examination of a debtor is a necessary step in bankruptcy. It is a very important step. Its object is to investigate the affairs and dealings of the debtor which led to his bankruptcy.…

…Applicant had at no time served a notice on the Registrar under Rule128 under the Bankruptcy Act.…

…In this court’s view once the receiving order was made on 7/6/90 all along and even to date all matter known to the applicant, “The processes of bankruptcy (were) fully launched.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Bankrupcty Cause 12 of 1988 LEONARD KIMANI KEARIE……………………………………………DEBTOR RULING This is an application pursuant to the provision of S.20 of the Bankruptcy…

…Premature because he had not been publicly examined putsuant to the provision of the Section 17 of the Bankruptcy Act; and secondly no scheme of compensation had been requested for or given before he could be adjudged.…

…a ruling and order of Akiwumi, J whereby he adjudged the debtor bankrupt pursuant to section 20(1) of the Bankruptcy Act, cap 53 (the Act).…

…He said it was the duty of the High Court to ensure that the proceedings in bankruptcy are proper right from the start.…

…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Bankruptcy Cause 1A of 1982 Mukesh Kewal Krishnan Rakham Pallan …………………………… Debtor RULING Mr M.K.K.R Pallen, the debtor, is 32 years of age.…

…For this reason, he on his own, accord petitioned the Court under Section8(b) of the Bankruptcy Act that he was unable to pay his debts.…

…The Bankruptcy Act and the Bankruptcy Rules is a ------------------------------ code which governs proceedings in Bankruptcy with a little effort the counsel for the applicant could have found help in s 103 (1) of the Bankruptcy…

…As rule 99 of the Bankruptcy Rules provides the credit should present two copies of the Bankruptcy Notice he had sealed and issued out for service.…

…This is not same as in the case of an act of bankruptcy which require a statutory notice. I also find no merit in this objection.…

…There the bank had by its negligence in the discharge of its duties caused the bankruptcy of the customer. The damage to the appellant was wide because four cheques were negligently and wrongly marked “Account closed’.…

…In Re Ebner, Ebner v Official Trustee in Bankruptcy (1999) 161 ALR 556 at 568 (para 37) the Federal Court asked: “Why is it to be assumed that the confidence of fairminded people in the administration of justice would be…

…Moreover the addition of the word’‘Bankruptcy’ in the heading of the petition when this had plainly been deleted by the amending legal notice in January 1983, was a further instance of the spite which actuated the petitioner…

…So the fact that the advertisement appeared in the newspaper the same day that Mr Panesar returned from Japan might or might not be more than coincidence, whether or not the word bankruptcy in the heading of the petition…

…In Re Ebner, Ebner v Official Trustee in Bankruptcy (1999) 161 ALR 556 at 568 (para 37) the Federal Court asked: “Why is it to be assumed that the confidence of fairminded people in the administration of justice would be…

…The head note reads: “By S16 subs 1 of the Bankruptcy act, 1914, where a debtor intends to make a proposal for a scheme of composition in satisfaction of his debts, he shall within the time thereby limited lodge with the…

…Section 16 sub-s (1) of the Bankruptcy Act, 1914, in England required a debtor, intending to make a proposal for a scheme of composition, to lodge with the Ocial Receiver “a proposal in writing signed by him” embodying the…