[2014] KEHC 4337 (KLR)
The court found that the orders sought in the Motion were substantive and could significantly affect the operations of Kapchebet Tea Factory Limited. Therefore, it was necessary to hear all parties before granting such orders. However, the court was satisfied that the matter was urgent and certified the Motion as...
Source-derived case information.
- Citation
- [2014] KEHC 4337 (KLR)
- Parties
- Applicant: David Bett Langat; Applicant: Ismail Gulamali; Respondent: Stephen Kipkatam Kenduiywa; Respondent: Joel Kimutai Sang; Respondent: Joseph Kipkurui Ngetich; Respondent: Roderick Mitei Kenduiywa; Respondent: Jonah Kipkemoi Keter; Respondent: Kapchebet Tea Factory Limited
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Winding Up Cause 1 of 2014
- Procedural Posture
- Winding Cause / Ruling on Ex Parte Application for Interim Orders
- Outcome
- Motion certified as urgent; no substantive interim orders granted ex parte; matter set for inter partes hearing.
- Judges
- JK Sergon
- Legal Topics
- Company Winding Up, Interim Orders, Urgency Certification
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Bett Langat
Applicant
Ismail Gulamali
Applicant
Stephen Kipkatam Kenduiywa
Respondent
Joel Kimutai Sang
Respondent
Joseph Kipkurui Ngetich
Respondent
Roderick Mitei Kenduiywa
Respondent
Jonah Kipkemoi Keter
Respondent
Kapchebet Tea Factory Limited
Respondent
Procedural Posture
Winding Cause / Ruling on Ex Parte Application for Interim Orders
Legal Issues
- 1 Whether the Motion dated 26th May 2014 should be certified as urgent and interim orders granted pending inter partes hearing.
- 2 Whether the substantive orders sought in the Motion should be granted ex parte.
Ratio Decidendi
The court found that the orders sought in the Motion were substantive and could significantly affect the operations of Kapchebet Tea Factory Limited. Therefore, it was necessary to hear all parties before granting such orders. However, the court was satisfied that the matter was urgent and certified the Motion as such. The court directed that the Motion be served on all respondents and set down for inter partes hearing, declining to grant the substantive interim orders ex parte except for the certification of urgency.
Court Disposition
Motion certified as urgent; no substantive interim orders granted ex parte; matter set for inter partes hearing.
Orders
- The Motion dated 26th May 2014 is certified as urgent.
- Petitioners to serve the Motion and Hearing Notice on all Respondents.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KERICHO
WINDING CAUSE NO.1 OF 2014
IN THE MATTER OF KAPCHEBET TEA FACTORY LIMITED
AND
IN THE MATTER OF THE COMPANIES ACT (CAP.486 LAWS OF KENYA)
AND
IN THE MATTER OF SECTION 189, 191, 219, 22, 224, 234, 235,239, 240, 241, 242, 243, 252, AND 253 OF THE COMPANIES ACT, CAP 486 LAWS OF KENYA.
AND
IN THE MATTER OF THE INHERENT POWERS OF THE COURT
BETWEEN
DAVID BETT LANGAT...........................1ST PETITIONER/APPLICANT
ISMAIL GULAMALI..............................2ND PETITIONER/APPLICANT
VERSUS
STEPHEN KIPKATAM KENDUIYWA ......................1ST RESPONDENT
JOEL KIMUTAI SANG.........................2ND RESPONDENT
JOSEPH KIPKURUI NGETICH.............................3RD RESPONDENT
RODERICK MITEI KENDUIYWA......................4TH RESPONDENT
JONAH KIPKEMOI KETER.........................5TH RESPONDENT
KAPCHEBET TEA FACTORY LIMITED...........6TH RESPONDENT
RULING
The Motion dated 26th May 2014, was placed before this court on a certificate of urgency duly executed by Miss. Muthee, learned advocate for David Bett Langat and Ismael Gulamali, hereinafter referred to as the 1st and 2nd Petitioners respectively. When the Motion came up for hearing exparte, Miss. Muthee beseeched this court to grant the Petitioners prayers 1, 3, 7 and 11 of the Motion to subsist until the interpartes hearing of the Application. Miss. Muthee urged this court to consider the grounds set out on the face of the Motion and the facts deponed in the affidavits of both Petitioners.
I have taken time to peruse the material placed before this court. The substantive matter in this dispute is the Petition dated 26th May 2014 in which the main order brought may finally lead to the winding up of Kapchebet Tea Factory Limited the 6th Respondent herein under the Companies Act by the court. The orders sought in the Motion appear to be so substantive and has great implications to the operations of the aforesaid company that it is necessary to first hear the parties at the preliminary stage. I think the order that commends itself to be granted at this stage is prayer 1. I hereby certify the Motion dated 26th May 2014 to be urgent. I direct the Petitioners to cause it to be served upon all the Respondents. The Motion is hereby fixed for interpartes hearing for two days i.e. on 10th and 11th June 2014. The Petitioners to serve the Motion plus a Hearing Notice on the Respondents.
Dated, signed and delivered in open court at Kericho this 30th day of May 2014.
J. K. SERGON
JUDGE
In the presence of:
Miss. Muthee for Petitioners.