Waluchio v Marvel Media SDN BND & another (Commercial Case 191 of 2019) [2026] KEHC 4923 (KLR) (Commercial and Tax) (15 April 2026) (Ruling)
Applicant is a necessary party for cross-examination under Order 22 Rule 35, having been an officer and shareholder at relevant times. Proper service was effected. Application lacks merit and is dismissed.
- Citation
- [2026] KEHC 4923 (KLR)
- Parties
- Applicant: Brian Nasiche Waluchio; 1st Respondent: Marvel Media SDN BND; 2nd Respondent: Oxygen 8 East Africa Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Judgment Date
- 15 April 2026
- Case Number
- Commercial Case 191 of 2019
- Procedural Posture
- Notice of Motion / Ruling on Application to Set Aside Orders
- Outcome
- Application dismissed
- Legal Topics
- Execution of Decrees, Cross Examination of Company Officers, Right to Fair Hearing
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Brian Nasiche Waluchio
Applicant
Marvel Media SDN BND
1st Respondent
Oxygen 8 East Africa Limited
2nd Respondent
Procedural Posture
Notice of Motion / Ruling on Application to Set Aside Orders
Legal Issues
- 1 Whether the Court should set aside the Orders issued on 16th February 2024 in so far as the name Mr. Brian Nasiche Waluchio is concerned
Ratio Decidendi
Applicant is a necessary party for cross-examination under Order 22 Rule 35, having been an officer and shareholder at relevant times. Proper service was effected. Application lacks merit and is dismissed.
Court Disposition
Application dismissed
Orders
- Applicant’s Notice of Motion dated 20th March, 2024 is dismissed for lack of merits.
- Costs of the Motion are awarded to the Respondent.
Full Case Text
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