[2025] KEHC 2548 (KLR)
The court found that the application dated 23/12/2024 was overtaken by events as the Annual General Meeting (AGM) had already taken place on 14/2/2025, rendering the reliefs sought therein academic. The application dated 28/1/2025 was similarly rendered moot and was withdrawn by the Plaintiffs. In light of these...
Source-derived case information.
- Citation
- [2025] KEHC 2548 (KLR)
- Parties
- Plaintiff: Endao Company Limited; Plaintiff: John Wendot A. Kibowen; Plaintiff: Samuel Kandagor Chepkonga; Plaintiff: Isaac Chesang; Plaintiff: Kipyegon Nehemiah Cherogony; Plaintiff: Japeth C. Kongogo; Plaintiff: Esleen Kobilo Kiprotich; Plaintiff: Edward Kiprotich Kandie; Defendant: Dickson Kangogo Yatich; Defendant: Shadrack Kipruto Cherogony; Defendant: William Kipsang; Defendant: Christopher Kipsetim Kimosop; Defendant: Charles Kimechwa Kumbelel; Defendant: Boigor Benjamin; Defendant: Yatich Hillary Chepkonga; Defendant: Elisha Kipkoech Cherop; Defendant: Bernard Kipruto Chesire; Defendant: The Registrar of Companies
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Case E011 of 2023
- Procedural Posture
- Civil Case / Ruling on Withdrawal and Closure of Applications
- Outcome
- applications marked as overtaken by events/withdrawn; costs to defendants; file closed
- Judges
- PN Gichohi
- Legal Topics
- Company Meetings, Agm Procedure, Application Withdrawal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Endao Company Limited
Plaintiff
John Wendot A. Kibowen
Plaintiff
Samuel Kandagor Chepkonga
Plaintiff
Isaac Chesang
Plaintiff
Kipyegon Nehemiah Cherogony
Plaintiff
Japeth C. Kongogo
Plaintiff
Esleen Kobilo Kiprotich
Plaintiff
Edward Kiprotich Kandie
Plaintiff
Dickson Kangogo Yatich
Defendant
Shadrack Kipruto Cherogony
Defendant
William Kipsang
Defendant
Christopher Kipsetim Kimosop
Defendant
Charles Kimechwa Kumbelel
Defendant
Boigor Benjamin
Defendant
Yatich Hillary Chepkonga
Defendant
Elisha Kipkoech Cherop
Defendant
Bernard Kipruto Chesire
Defendant
The Registrar of Companies
Defendant
Procedural Posture
Civil Case / Ruling on Withdrawal and Closure of Applications
Legal Issues
- 1 Whether the applications dated 23/12/2024 and 28/1/2025 remain live in light of the AGM held on 14/2/2025.
- 2 Whether the Plaintiffs should be granted leave to file an application to invalidate the AGM.
- 3 Who should bear the costs of the withdrawn and overtaken applications.
Ratio Decidendi
The court found that the application dated 23/12/2024 was overtaken by events as the Annual General Meeting (AGM) had already taken place on 14/2/2025, rendering the reliefs sought therein academic. The application dated 28/1/2025 was similarly rendered moot and was withdrawn by the Plaintiffs. In light of these developments, the court marked both applications as withdrawn or overtaken by events, awarded costs to the Defendants/Respondents, and ordered the file closed. The court noted the Plaintiffs' intention to file a fresh application challenging the validity of the AGM but made no orders on that issue at this stage.
Court Disposition
applications marked as overtaken by events/withdrawn; costs to defendants; file closed
Orders
- The application dated 23/12/2024 is marked as overtaken by events as the AGM has already been held.
- The application dated 28/1/2025 is moot and marked as withdrawn by the Plaintiffs/Applicants.
Full Case Text
Judgment text and source record
51 paragraphs
Endao Company Limited & 7 others v Yatich & 9 others (Civil Case E011 of 2023) [2025] KEHC 2548 (KLR) (5 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2548 (KLR)
Republic of Kenya
In the High Court at Nakuru
Civil Case E011 of 2023
PN Gichohi, J
March 5, 2025
Between
Endao Company Limited
1st Plaintiff
John Wendot A. Kibowen
2nd Plaintiff
Samuel Kandagor Chepkonga
3rd Plaintiff
Isaac Chesang
4th Plaintiff
Kipyegon Nehemiah Cherogony
5th Plaintiff
Japeth C. Kongogo
6th Plaintiff
Esleen Kobilo Kiprotich
7th Plaintiff
Edward Kiprotich Kandie
8th Plaintiff
and
Dickson Kangogo Yatich
1st Defendant
Shadrack Kipruto Cherogony
2nd Defendant
William Kipsang
3rd Defendant
Christopher Kipsetim Kimosop
4th Defendant
Charles Kimechwa Kumbelel
5th Defendant
Boigor Benjamin
6th Defendant
Yatich Hillary Chepkonga
7th Defendant
Elisha Kipkoech Cherop
8th Defendant
Bernard Kipruto Chesire
9th Defendant
The Registrar of Companies
10th Defendant
Ruling
1. The matter was coming up today for the Plaintiffs to confirm if they still wish to proceed with the applications herein.
2. It is conceded that the application dated 23/12/2024 has been overtaken by events as the Annual General Meeting (AGM) was held on 14/2/2025. It is also conceded that the application dated 28/1/2025 is moot and therefore withdrawn by the Applicants/Plaintiffs. It has been intimated to this Court that the Plaintiff’s wish to file an application to invalidate the Annual General Meeting (AGM) held on 14/2/2025.
3. The Plaintiffs therefore seek leave to file that application. Counsel for the Defendants has intimated to this Court that parties have been to the Court of Appeal this morning over an application the Plaintiffs/Applicants filed to the Court of Appeal.
4. In the circumstances this Court makes the following orders:-1. The application dated 23/12/2024 is marked as overtaken by events as the Annual General Meeting (AGM) has already been held.2. The application dated 28/1/2025 is moot and marked as withdrawn by the Plaintiffs/Applicants.3. Costs of the two applications are awarded to the Defendants/Respondents.4. This file be and is hereby marked as closed.
DATED, SIGNED AND DELIVERED AT NAKURU THIS 5TH DAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kimaru for mr Muchiri for Plaintiffs/ApplicantsMr Kiage for the DefendantsRuto, Court Assistant