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SUKARI SACCO LTD & 2 ORS
V.
MUMIAS OUTGROWERS (MOCO) 1998 LTD

(2011) JELR 96320 (CA)

Court of Appeal 21 Sep 2011 Kenya
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Case Details

Suit Number:Civil Application 119 of 2011
Judges:Erastus Mwaniki Githinji
Location:Eldoret
Other Citations:Sukari Sacco Ltd & 2 others v. Mumias Outgrowers (Moco) 1998 Ltd [2011] eKLR

RULING

This is an application under Rules 4, 76 and 77 of the Court of Appeal Rules in essence for extension of time within which to serve a notice of appeal and for dispensation of service of the notice of appeal on some affected parties.

The applicants who are wrongly named as petitioners in the application filed a winding-up petition in the High Court at Bungoma being Winding Up Petition No. 1 of 2009 seeking an order to wind up Mumias Outgrowers Company [1998] Ltd (company) on the ground that the company was insolvent. Upon the advertisement of the petition, various parties including Equity Bank Ltd gave a notice of intention to appear on the hearing of the petition. Equity Bank Ltd indicated in its notice that it was a creditor of the company owed Kshs.28.716,930/- while Mumias Sugar Company Ltd which also gave a notice of intention to appear claimed to be a creditor for Kshs.818,869,440/- On its part, Eri Supplies Ltd gave a notice of intention to appear claiming that it was a cr…

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