[2012] KEHC 4223 (KLR)
The court found that, given the parties' inability to agree on a property management company and the need to preserve the properties registered under Ambassadeur Investments (K) Limited, it was necessary to appoint a neutral and reputable management company. After evaluating the profiles, pricing, and objections...
Source-derived case information.
- Citation
- [2012] KEHC 4223 (KLR)
- Parties
- Plaintiff: Francis Chege Maina & 4 Others; Defendant: John Kaguma Maina & 2 Others; Plaintiff: Kenwide Investments Limited; Defendant: Francis Chege Maina & 4 Others
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 394 of 2011
- Procedural Posture
- Civil Suit / Interlocutory Ruling on Appointment of Property Manager Pending Hearing and Determination of Consolidated Suit
- Outcome
- interlocutory orders granted; property manager appointed
- Judges
- C.N Mutava
- Legal Topics
- Company Management Disputes, Appointment of Receiver Manager, Interlocutory Orders, Property Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Francis Chege Maina & 4 Others
Plaintiff
John Kaguma Maina & 2 Others
Defendant
Kenwide Investments Limited
Plaintiff
Francis Chege Maina & 4 Others
Defendant
Procedural Posture
Civil Suit / Interlocutory Ruling on Appointment of Property Manager Pending Hearing and Determination of Consolidated Suit
Legal Issues
- 1 Whether the court should appoint a property management company to manage properties registered under Ambassadeur Investments (K) Limited pending determination of the suit.
- 2 Which management company is suitable for appointment given the parties' inability to agree.
Ratio Decidendi
The court found that, given the parties' inability to agree on a property management company and the need to preserve the properties registered under Ambassadeur Investments (K) Limited, it was necessary to appoint a neutral and reputable management company. After evaluating the profiles, pricing, and objections raised regarding the nominated firms, the court exercised its discretion under Order 41 of the Civil Procedure Rules, 2010, and appointed M/s Lloyd Masika Limited as the property manager. The court further directed the parties and their advocates to facilitate a smooth handover and to discuss the modalities of opening a bank account for the management of the properties, ensuring...
Court Disposition
interlocutory orders granted; property manager appointed
Orders
- M/s Lloyd Masika Limited is appointed as Manager of the properties registered under Ambassadeur Investments (K) Limited with effect from 1st June 2012.
- Representatives of each party and their advocates to meet with the appointed company by or before 31st May 2012 for handover and to discuss modalities of opening a bank account in line with previous court directions.
Full Case Text
Judgment text and source record
29 paragraphs
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REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (MILIMANI COMMERCIAL COURTS COMMERCIAL AND TAX DIVISION)
CIVIL SUIT 394 OF 2011 & 539 OF 2011
FRANCIS CHEGE MAINA & 4 OTHERS…......………PLAINTIFFS
VS
JOHN KAGUMA MAINA & 2 OTHERS……….……DEFENDANTS
CONSOLIDATED WITH
CIVIL SUIT NO. 539 OF 2011
KENWIDE INVESTMENTS LIMITED……........……….PLAINTIFF
VS.
FRANCIS CHEGE MAINA & 4 OTHERS …………DEFENDANTS
RULING
1. On 24th May 2012, this court directed the parties to agree on a reputable Management Company to which management of properties all properties owned and registered under the umbrella of Ambassadeur Investments (K) Limited would vest pending the hearing and determination of the consolidated suit in this matter. Ambassadeur Investments (K) Limited is a company which both the plaintiffs and the defendants claim to be shareholders and directors. In the event of parties failing to agree on the property manager, the court directed that it would make the appointment pursuant to Order 41 of the Civil Procedure Rules, 2010.
2. On 15th April 2012, the parties reported that they were unable to mutually agree on a Management Company for appointment. The Court then directed each party to file proposals and profiles of companies they wished the court to consider for appointment.
3. On 24th May 20012, the matter was mentioned to confirm that the nomination of management companies had been done. Counsel for the parties also made brief submissions on why certain nominated companies should not be considered by the court.
4. I have considered the nominations made by the parties and also the submissions in relation to the appointments.
5. Having carefully considered the profiles of firms submitted by the parties, and having evaluated the pricing of the services rendered as well as the concerns voiced against some of the nominated firms, I am inclined to appoint M/s Lloyd Masika Limited to be the Manager of the properties registered under the umbrella of Ambassadeur Investments (K) Limited with effect from 1st June 2012.
6. I further direct that representatives of each party and their advocates to hold a meeting with the company by or before 31st May 2012 for purposes of hand over and to discuss modalities of opening a bank account in line with Direction No. 5 of the directions given on 24th May 2012.
7. I further direct that this matter be mentioned on 8th June 2012 for purposes of reviewing the position.
IT IS SO ORDERED
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 29TH DAY OF MAY 2012
J.M. MUTAVA
JUDGE