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…It is a principle of insolvency law that a disputed debt on substantial and bona fide grounds cannot be the subject of a winding-up proceedings.…

…The principle as I understand it is that a disputed debt on substantial and bona fide grounds cannot be the subject of a winding-up proceedings on account of the company’s inability to pay its debts.…

…in a case where the petitioner has an available remedy by way of filing a filing a claim in court for an alleged debt, and moreover, that at a disputed debt on substantial and bona fide grounds cannot be the subject of winding…

…up proceedings. 6.…

…The Applicant submitted that the taxing master erred in principle by applying Schedule 6(1)(b) of the Advocates Remuneration Order instead of Schedule 6(1)(f)(i), which specifically provides for fees in winding-up proceedings…

…According to the Applicant, Schedule 6(1)(f)(i) provides a basic fee of Kshs. 25,200/= in winding up proceedings and remains valid law since it has not been repealed or amended pursuant to Section 44 of the Advocates Act.…

…The Applicant submitted that the taxing master erred in principle by applying Schedule 6(1)(b) of the Advocates Remuneration Order instead of Schedule 6(1)(f)(i), which specifically provides for fees in winding-up proceedings…

…According to the Applicant, Schedule 6(1)(f)(i) provides a basic fee of Kshs. 25,200/= in winding up proceedings and remains valid law since it has not been repealed or amended pursuant to Section 44 of the Advocates Act.…

…aside of a statutory demand and striking out of a petition on account of a disputed debt as follows: - “The principle as I understand is that a disputed debt on substantial and bona fide grounds cannot be the subject of a winding-up…

…proceedings on account of the company’s inability to pay its debts.…

…The Applicant submitted that the taxing master erred in principle by applying Schedule 6(1)(b) of the Advocates Remuneration Order instead of Schedule 6(1)(f)(i), which specifically provides for fees in winding-up proceedings…

…According to the Applicant, Schedule 6(1)(f)(i) provides a basic fee of Kshs. 25,200/= in winding up proceedings and remains valid law since it has not been repealed or amended pursuant to Section 44 of the Advocates Act.…

…summarized the position regarding striking out of a petition on account of a disputed debt as follows: - “The principle as I understand is that a disputed debt on substantial and bona fide grounds cannot be the subject of a winding-up…

…proceedings on account of the company’s inability to pay its debts.…

…Munga v African Seed Investment Fund LLC [2017] eKLR; for the proposition that the grounds for setting aside the statutory demand are not limited by statute; (2) In re Mitts Electrical Company Limited [2015] eKLR, that winding-up…

…up proceedings as evidence of solvency; Response 16.…

…If it is, then the winding up proceedings are not the proper remedy.…

…Limited v African Safari Club Limited, MSA CA Civil Appeal No. 209 of 2007 [2013] eKLR, stated as follows: “The principle as I understand is that a disputed debt on substantial and bona fide grounds cannot be the subject of a winding-up…

…proceedings against a company.…

…The effect of this repeal was to abolish the procedural and fee framework that had previously governed winding‑up proceedings.…

…The Client contends that for winding-up proceedings, Schedule 6(1)(f)(i) of the Order applies, which provides a fixed fee of Kshs.25,200.00/= but that instead, the Deputy Registrar applied Schedule 6(1)(b) based on the value…

…If Parliament intended to remove winding-up proceedings from Schedule 6(1)(f)(i), they would have formally amended the Order .…

…The Client contends that for winding-up proceedings, Schedule 6(1)(f)(i) of the Order applies, which provides a fixed fee of Kshs.25,200.00/= but that instead, the Deputy Registrar applied Schedule 6(1)(b) based on the value…

…If Parliament intended to remove winding-up proceedings from Schedule 6(1)(f)(i), they would have formally amended the Order .…

…The Client contends that for winding-up proceedings, Schedule 6(1)(f)(i) of the Order applies, which provides a fixed fee of Kshs.25,200.00/= but that instead, the Deputy Registrar applied Schedule 6(1)(b) based on the value…

…If Parliament intended to remove winding-up proceedings from Schedule 6(1)(f)(i), they would have formally amended the Order .…

…The Client contends that for winding-up proceedings, Schedule 6(1)(f)(i) of the Order applies, which provides a fixed fee of Kshs.25,200.00/= but that instead, the Deputy Registrar applied Schedule 6(1)(b) based on the value…

…If Parliament intended to remove winding-up proceedings from Schedule 6(1)(f)(i), they would have formally amended the Order .…

…The Court Appeal in Universal Hardware Limited v African Safari Club Limited [2013] KECA 507 (KLR), underscored that winding-up proceedings are not appropriate where the debt is disputed on substantial and bona fide grounds…

…If it is, then the winding-up proceedings are not the proper remedy.…

…As the Court of Appeal noted in Universal Hardware Limited v African Safari Club Limited [2013] eKLR, where a debt is disputed on substantial grounds, winding-up proceedings are not the proper remedy.…

…While the latter ought to wait and que with the rest of the debts, those incurred on the winding up proceedings, ought not wait or que. These costs are due and payable subject to availability of funds.…

…Schedule 6 paragraph 1(f) of the Advocates Remuneration Order 2014 prescribes the instruction fee for presenting or opposing winding-up proceedings at Kshs 25,200/=. The High Court in L.G. Menezes & Co Advocates v B.N.…

…Appeal No. 209 of 2007 [2013] eKLR, summarized the position regarding striking out of a petition on account of a disputed debt as follows: “…A disputed debt on substantial and bona fide grounds cannot be the subject of winding-up…

…proceedings on account of the company’s inability to pay its debts.…