Automated Summary
Key Facts
Strabag East Africa Limited voluntarily petitioned for winding up under the Companies Act (Cap 486) after being dormant since 2001. The directors, Karl Heinx Schneider and Benedikt Heribert Schippers, filed the petition, supported by a resolution dated August 5, 2008. The court confirmed the company has no assets or liabilities to third parties and granted a winding-up order, appointing the official receiver as provisional liquidator on February 18, 2010.
Issues
The court considered whether Strabag East Africa Limited met the legal criteria for voluntary winding up under the Companies Act (Cap 486) due to its long-term dormancy and lack of future business prospects.
Holdings
The court granted the petition for voluntary winding up of Strabag East Africa Limited under the Companies Act (Cap 486). It was satisfied that all due steps were followed, including gazetting the petition and passing a resolution by directors dated August 5, 2008, stating the company had been dormant and unoperational for years with no future business prospects. The court issued a winding-up order, appointed the official receiver as provisional liquidator, and directed costs to be taxed and paid from the company's assets.
Remedies
- The official receiver is appointed as the company's provisional liquidator.
- Costs are to be taxed and paid out of the company's assets.
- The court grants a winding-up order, appoints the official receiver as provisional liquidator, and orders the costs to be taxed and paid out of the company's assets.
Legal Principles
The court applied the procedure for voluntary winding up under the Companies Act (Cap 486), granting the petition due to the company's prolonged dormancy and lack of assets/liabilities.
Cited Statute
Companies Act
Judge Name
Muga Apondi
Passage Text
- After perusing the petition along with the affidavits and annextures, this court is satisfied that the reliefs sought by Mr. Musimi's be and are hereby granted. The court is satisfied that a winding-up order do issue and that the official receiver be appointed the company's provisional liquidator. And the costs herein be taxed and paid out of the company's assets.
- It is further placed on record that the Company has no assets or liabilities to third parties as at the date of the Resolution.
- that the Company be closed and that the Registrar of Companies BE and is HEREBY requested to strike off the Company from the Register of Companies with immediate effect as it has remained dormant and unoperational since a number of years and it has no prospects of any further business for the foreseeable future.