[2014] KEHC 3065 (KLR)
The court determined that, in the interest of judicial efficiency, all pending applications in the winding up cause involving the same parties should be heard together. The Miscellaneous Application is to be held in abeyance pending the outcome of the substantive motions. The court further noted that the...
Source-derived case information.
- Citation
- [2014] KEHC 3065 (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; Respondent: Ponangipalli Venkata Ramana Rao Kolluri Venkata Subbaraya Kama Santry; Respondent: K-Rep Bank Limited
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Judgment Date
- 9 September 2014
- Case Number
- Winding Up Cause 2 of 2014
- Procedural Posture
- Winding Up Cause / Directions on Consolidation and Abeyance of Applications
- Outcome
- Directions issued consolidating applications; Miscellaneous Application held in abeyance.
- Judges
- MM Kasango
- Legal Topics
- Winding Up Petition, Company Liquidation, Joinder of Applications, Pleadings Definition
- Source Language
- english
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
Ponangipalli Venkata Ramana Rao Kolluri Venkata Subbaraya Kama Santry
Respondent
K-Rep Bank Limited
Respondent
Procedural Posture
Winding Up Cause / Directions on Consolidation and Abeyance of Applications
Legal Issues
- 1 Whether the multiple applications in the winding up cause should be heard together for judicial efficiency.
- 2 Whether the Miscellaneous Application can proceed in the absence of a plaint, petition, or originating summons as required by law.
Ratio Decidendi
The court determined that, in the interest of judicial efficiency, all pending applications in the winding up cause involving the same parties should be heard together. The Miscellaneous Application is to be held in abeyance pending the outcome of the substantive motions. The court further noted that the Miscellaneous Application may not be properly before the court unless it is supported by a recognized pleading, drawing the applicants' attention to the statutory definition of pleadings under Section 2 of the Civil Procedure Act. The court thus issued directions consolidating the hearing of the motions and suspending further proceedings in the Miscellaneous Application until the...
Court Disposition
Directions issued consolidating applications; Miscellaneous Application held in abeyance.
Orders
- The Notice of Motion dated 14th July 2014, Notice of Motion dated 7th July 2014, and Notice of Motion dated 30th June 2014 shall be heard together.
- Miscellaneous Application No. 308 of 2014 is held in abeyance pending the outcome of the motions.
Full Case Text
Judgment text and source record
50 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
WINDING UP CAUSE NO. 2 OF 2014
(FORMERLY WINDING UP NO. 1 OF 2014 (KERICHO)
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
V E R S U S
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
PONANGIPALLI VENKATA RAMANA RAO
KOLLURI VENKATA SUBBARAYA KAMA SANTRY … 1ST INTERESTED PARTY
(JOINT RECEIVERS & MANAGERS)
K-REP BANK LIMITED ……………………………. 2ND INTERESTED PARTY
AND
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
MISC. APPLICATION NO. 308 OF 2014
(FORMERLY MISC. APPL. NO. 6 OF 2014 (KERICHO)
DAVID BETT LANGAT …………………………….…………. 1ST APPLICANT
ISMAEL GULAMALI ………………………………………… 2ND APPLICANT
V E R S U S
STEPHEN KIPKATAM KENDUIYWA ………...……………. 1ST RESPONDENT
JOEL KIMUTAI SANG ………………….………………… 2ND RESPONDENT
JOSEPH KIPKURUI NGETICH ……………………………. 3RD RESPONDENT
RODERICK MITEI KENDUIYWA ………………………… 4TH RESPONDENT
RULING
ON DIRECTIONS
There are two matters involving substantially the same parties that were transferred from High Court in Kericho to High Court in Mombasa which these Directions refer to.
MOMBASA HIGH COURT WINDING UP PETITION NO. 2 OF 2014 (FORMERLY KERICHO HIGH COURT WINDING UP PETITION NO. 1 OF 2014). In respect of this matter I direct that the following applications be heard together to ensure efficient use of Judicial time-
Notice of Motion dated 14th July 2014 filed on behalf of 2nd, 5th and 6th Respondents.
Notice of Motion dated 7th July 2014 filed on behalf of 2nd Interested Party, that is K-Rep Bank Ltd.
Notice of Motion dated 30th June 2014 filed on behalf of the Petitioners.
MOMBASA HIGH COURT MISC. APPLICATION NO. 308 OF 2014 (FORMERLY KERICHO HIGH COURT MISC. APPLICATION NO. 6 OF 2014). This matter shall be held in abeyance until the Court hears the Motions outlined above. It is however to be noted that the Applicants will need to address this Court on whether the Misc. Application can proceed when it is not supported by a Plaint, Petition or Originating Summons. In that regard Applicant’s attention is drawn to Section 2 of the Civil Procedure Act which defines “Pleadings”. For now however, the Misc. Application is held in abeyance to await the outcome of the Motions as stated before.
DATED and DELIVERED at MOMBASA this 9TH day of SEPTEMBER, 2014.
MARY KASANGO
JUDGE