Iheme, Williams C. and Mba, Sanford U. (2020) Coping with the Covid-19 pandemic: A comparative study of the capabilities of the Kenyan and Nigerian insolvency frameworks. Journal of Corporate and Commercial Law & Practice,, 6 (2). ISSN 2521-2575
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Abstract
The Covid-19 pandemic has undeniably ravaged the global economy and plunged many countries in Africa, including Kenya and Nigeria into an economic recession. This article
departs from the premise that credit is the lifeblood of market systems. Accordingly, the credit and insolvency laws of both countries must be adjusted in certain ways during and
after the pandemic, in order to enable them to cope with the dire economic challenges resulting from the pandemic. The article identifies some material defects in the Insolvency Act 2015 (Kenya) and the Companies and Allied Matters Act 2020 (Nigeria), and argues that these defects will debilitate a meaningful economic recovery from the pandemic. The paper shows the lack of suitability of their existing insolvency frameworks,as well as some aspects of the public law: it proposes a number of tailor-made recommendations that benefitted from the experiences of certain other common law
jurisdictions.
Item Type: | Article |
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Keywords: | Credit Crisis | Wrongful trading | Regulatory Capture | Virtual Courts | Vulnerable Consumers | Liquidation |
Subjects: | Social Sciences and humanities > Social Sciences > Social Sciences (General) |
JGU School/Centre: | Jindal Global Law School |
Depositing User: | Amees Mohammad |
Date Deposited: | 30 Mar 2022 06:54 |
Last Modified: | 17 Jun 2022 04:32 |
Official URL: | https://journals.co.za/doi/pdf/10.47348/JCCL/V6/i2... |
URI: | https://pure.jgu.edu.in/id/eprint/1976 |
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