In the Matter of Glee Hotel Limited (In Administration) and in the Matter of the Insolvency Act, 2015
Partially AllowedOnce a company is in administration, the appointed Administrator has exclusive control, and directors must cooperate fully.
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390 results for “insolvency”
Once a company is in administration, the appointed Administrator has exclusive control, and directors must cooperate fully.
The High Court refused to stop a liquidation petition against an airline, ruling that a genuinely disputed debt must be tested at a full hea
If you file for bankruptcy in Kenya, the court can pause debt collection and require you to hire an expert to report on your finances before
Being released from civil jail does not erase your debt, but it legally prevents the court from re-arresting you for the same judgment.
To stop debt enforcement, you must apply to the specific court that issued the enforcement order, not necessarily the High Court.
Creditors can pursue company liquidation even if the debt isn't fully settled, and minor procedural gaps won't automatically halt the proces
A valid court judgment remains enforceable even if a later settlement agreement does not explicitly cover that specific debt.
Making payments toward a property sale proves the deal is done, allowing creditors to legally seize the funds held by the bank.
If your case is heard on an unannounced addendum list, you can successfully challenge the court's decisions made without your participation.
A Kenyan court allowed an employee's pension claim against Postal Corporation of Kenya to proceed, rejecting arguments that insolvency proce
If your company is under administration, its directors cannot sue in the company's name; they must act in their personal capacity.
A company's insolvency status does not automatically excuse directors from facing criminal charges for misconduct.
A creditor can successfully challenge and cancel a bankruptcy order if the debtor failed to follow the required legal steps and acted in bad
Kenya's High Court allowed a shareholder to sue his co-director for diverting the company's business to a rival firm, freezing assets and or
If you disagree with a court's decision, you must use the formal appeal process, not ask the judge to step down.
Administrators must reconcile company debts and report their findings, but the court will not freeze bank accounts or stop asset seizures.
Kenya's High Court refused to liquidate a solvent company just because the two shareholders' personal relationship had broken down.
The Court of Appeal refused to pause collection of a decades-old debt, saying repeat filings and unproven repayment fears don't justify bloc
A Kenyan creditor who used an insolvency petition to recover a debt can still claim the petition's costs even after the case was dismissed a
The Environment and Land Court dismissed an attempt to delay a ruling, confirming that suing a company in liquidation in Kenya requires prio
If a company is in liquidation, you cannot start or continue legal action against it without specific court permission.
If a debt is genuinely disputed, you cannot use liquidation proceedings to force payment; you must pursue a civil suit.
Courts require directors to be examined under civil procedure rules before they can be held personally responsible for company debts.
Supreme Court halts sale of Cytonn properties pending appeal on constitutional rights of buyers.