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…The 1st Respondent was under receivership at the time the suit was filed; and ii.…

…Section 432(2) of the Insolvency Act upon which they rely on deals with companies under liquidation and not receivership.…

…Further, Counsel stated that the 2nd respondent named in the bill of costs is neither in receivership nor liquidation.…

…The High Court’s Order staying the Central Bank of Kenya’s decision to appoint the Kenya Deposit Insurance Corporation as the Liquidator of Imperial Bank Limited (In Receivership) had the effect of suspending or freezing…

…The Kenya Union of Sugar Plantation & Allied Workers (the Union) sued Muhoroni Sugar Co Ltd (in receivership) (the Respondent) on 22 March 2023, alleging breach of contract, and that the Respondent had unfairly terminated…

…It asserted that it did not renew the contract on expiry because of the many challenges it was facing including being under receivership.…

…Exercising its powers under sections 43(1), 43(2) and 53(1) of the Kenya Deposit Insurance Act(Chapter 487C of the Laws of Kenya) (“the KDI Act”), on 7th April 2016, the Central Bank of Kenya (“CBK”) placed the Bank under receivership…

…They instead state that there was already a moratorium on all payments while the Bank was under receivership effective 7th April 2016 vide Gazette Notice No. 2321.…

…Rao testified that the defendants’ counterclaim is defective, as it was filed without leave of the Court, after the plaintiffs were placed under receivership. 13.…

…He confirmed that during receivership, rent is payable by the Receiver upon receipt of a valid Lease Agreement.…

…The basis of the application is that the plaintiffs commenced these proceedings as against the 1st defendant through a plaint dated 11th November 2021 when it was under receivership by KDIC as appointed by Central Bank of…

…The 1st defendant is a limited liability Company incorporated in Kenya and licensed under the Banking Act (Cap 488) (in receivership) (hereinafter Chase Bank).…

…Meanwhile, on 7th April 2016, the Central Bank of Kenya (hereinafter CBK) placed Chase Bank under receivership and appointed KDIC as the official receiver.…

…The Receiver continued operating the Company’s business on the leased premises during the receivership and in a letter dated 9 th April 2009, the Plaintiffs informed the Company and the Receiver that the lease expired on…

…Sanjeev disputes the restoration costs, noting the Plaintiffs’ claim escalated over time, from Kshs. 3.4 million to Kshs. 24.7 million and confirmed no repairs were made by the Defendants due to the receivership.…

…He acknowledges that the 1st respondent was granted an overdraft facility of Kshs 15,000,000/= by the 2nd respondent (under receivership), secured by a mortgage over the plaintiff’s land (L.R.…

…Under the receivership and Section 9 of the Banking Act, the Central Bank of Kenya authorized the transfer of 75% of Chase Bank's assets and liabilities to SBM Kenya Limited.…

…Receivership: Leave to commence or continue with suit 1.…

…It argues that the receivership has now ensued for a period more than is stipulated by statute and that several statutory provisions have been contravened during the receivership. 9.…

…The insolvency court has the power to hear applications in relation to receivership.…

…Some courts have held that there is no need for leave to be sought before instituting a claim against a company under receivership because the company in receivership still has its corporate status intact.…

…In a Ruling delivered on 14 November 2024, the Court dismissed a Motion dated 19 July 2024 filed by PVR Rao (Receiver of Athi River Steel Plant Ltd – In Receivership) (the Respondent). 2.…

…execution had been made against the personal property of the Respondent; the execution was against the Insolvency Act; that the Respondent was acting in his official capacity as Receiver of Athi River Steel Plant Ltd (In Receivership…

…The Defendants contended that the said amount was an income for purposes of the receivership and that they were still entitled to payment of their fees of 10% of the amount together with the receivership disbursements of…

…of about Kshs.240,000/= in the receivership bank account, a fact that has always been within the knowledge of the Plaintiff, the said sum is not sufficient to meet the outstanding receivership and the unpaid Defendant’s…