[2021] KEHC 7209 (KLR)
The court found that both the defendant's advocates and the defendant's directors were duly served with the relevant applications, as evidenced by the affidavits of service. There being no opposition to the applications, and service having been properly effected, the court allowed the advocates to cease acting for...
Source-derived case information.
- Citation
- [2021] KEHC 7209 (KLR)
- Parties
- Plaintiff: East Africa Cables Limited; Defendant: Rift Valley Cable Distributors Limited; Defendant: Mr. Edwin Gichuki Kibe; Defendant: Mr. Alfred Kibe Micah
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 147 of 2016
- Procedural Posture
- Civil Suit / Ruling on Application to Cease Acting and Execution Against Directors
- Outcome
- Applications allowed; advocate permitted to cease acting; execution to issue against directors.
- Judges
- WA Okwany
- Legal Topics
- Execution of Judgment, Advocate Ceasing to Act, Director Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
East Africa Cables Limited
Plaintiff
Rift Valley Cable Distributors Limited
Defendant
Mr. Edwin Gichuki Kibe
Defendant
Mr. Alfred Kibe Micah
Defendant
Procedural Posture
Civil Suit / Ruling on Application to Cease Acting and Execution Against Directors
Legal Issues
- 1 Whether the defendant's advocates should be allowed to cease acting for the defendant.
- 2 Whether execution for the decretal sum should issue against the defendant's directors.
Ratio Decidendi
The court found that both the defendant's advocates and the defendant's directors were duly served with the relevant applications, as evidenced by the affidavits of service. There being no opposition to the applications, and service having been properly effected, the court allowed the advocates to cease acting for the defendant and granted execution for the decretal sum, costs, and interest against the defendant's directors. The decision was grounded on the principles of proper service and the absence of opposition, enabling the court to grant the reliefs sought.
Court Disposition
Applications allowed; advocate permitted to cease acting; execution to issue against directors.
Orders
- The defendant's advocate's application to cease acting for the defendant is allowed.
- Execution for the decretal sum plus costs and interests to issue against the defendant's directors, Mr. Edwin Gichuki Kibe and Mr. Alfred Kibe Micah.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
COMMERCIAL AND TAX DIVISION
HCCC NO. 147 OF 2016
EAST AFRICA CABLES LIMITED ……………………………………..PLAINTIFF
VERSUS
RIFT VALLEY CABLE DISTRIBUTORS LIMITED …………………DEFENDANT
RULING
1. I have perused the affidavit of service dated 25th February 2021 and I am satisfied that both the defendants advocates on record and the defendant’s Directors Mr. Edwin Gichuki Kibe and Mr. Alfred Kibe Micah were served with the Notice to Cross Examine the Defendants Directors.
2. Mr. Chelagat, for the defendants also indicated that he duly served the defendant with the application to cease acting for them. I have perused the affidavit of service dated 25th February 2021 and I am satisfied that the defendant’s directors were served with their advocate’s application to cease acting for them.
3. Consequently, I allow both the application to cease acting and the application dated 24th January 2017 in the following terms: -
a) The defendants advocate’s application to cease acting for the defendant is hereby allowed.
b) Execution for the decretal sum herein plus costs and interests thereon do issue against the defendant’s directors namely Mr. Edwin Gichuki Kibeand Mr. Alfred Kibe Micah.
Dated, signed and delivered via Microsoft Teams at Nairobi this 6th day of May 2021in view of the declaration of measures restricting court operations due to Covid -19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on the 17th April 2020.
W. A. OKWANY
JUDGE
In the presence of:
Ms Inima for the plaintiff.
Mr. Ibrahim for the Defendant and Directors of the defendant after judgment.
Court Assistant: Sylvia.