[2013] KEHC 2350 (KLR)
The court determined that the official records from the Registrar of Companies, specifically the letter dated 31st May, 2011, recognized Mbugua Kariuki as the bona fide chairman of Kamiti Farmers Company Limited. Consequently, only the group led by Mbugua Kariuki had authority to instruct advocates on behalf of the...
Source-derived case information.
- Citation
- [2013] KEHC 2350 (KLR)
- Parties
- Plaintiff: Gatei wa Nganda; Defendant: Kamiti Farmers Company Limited; Defendant: Peninah Wanjiru Njenga; Defendant: Wilson Maina Njenja; Defendant: The Commissioner of Lands; Defendant: Chief Land Registrar
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 300 of 2013
- Procedural Posture
- Miscellaneous Application / Direction on Proper Legal Representation for 1st Defendant
- Outcome
- Direction issued on proper legal representation for 1st Defendant.
- Judges
- LN Gacheru
- Legal Topics
- Company Directorship Dispute, Land Company Representation, Proper Parties, Authority to Plead
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gatei wa Nganda
Plaintiff
Kamiti Farmers Company Limited
Defendant
Peninah Wanjiru Njenga
Defendant
Wilson Maina Njenja
Defendant
The Commissioner of Lands
Defendant
Chief Land Registrar
Defendant
Procedural Posture
Miscellaneous Application / Direction on Proper Legal Representation for 1st Defendant
Legal Issues
- 1 Who is the bona fide chairman and authorized representative of Kamiti Farmers Company Limited for purposes of this suit.
- 2 Which law firm is properly on record for the 1st Defendant.
Ratio Decidendi
The court determined that the official records from the Registrar of Companies, specifically the letter dated 31st May, 2011, recognized Mbugua Kariuki as the bona fide chairman of Kamiti Farmers Company Limited. Consequently, only the group led by Mbugua Kariuki had authority to instruct advocates on behalf of the company. The law firm of Henia, Anzala & Associates, having been appointed by the bona fide directors, was therefore properly on record for the 1st Defendant. The law firm of Mjeni Mwatsama & Co. Advocates, appointed by a group not officially recognized as directors, was not properly on record for the 1st Defendant. The court directed that Henia, Anzala & Associates should...
Court Disposition
Direction issued on proper legal representation for 1st Defendant.
Orders
- Henia, Anzala & Associates are recognized as duly on record for the 1st Defendant, Kamiti Farmers Company Limited.
- Mjeni Mwatsama & Co. Advocates are not properly on record for the 1st Defendant.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
ENVIRONMENTAL & LAND DIVISION
ELC CASE NO. 300 OF 2013
GATEI WA NGANDA............................................................PLAINTIFF
VERSUS
KAMITI FARMERS COMPANY LIMITED ................1ST DEFENDANT
PENINAH WANJIRU NJENGA.................................2ND DEFENDANT
WILSON MAINA NJENJA........................................3RD DEFENDANT
THE COMMISSIONER OF LANDS ..........................4TH DEFENDANT
CHIEF LAND REGISTRAR.........................................5TH DEFENDANT
DIRECTIONS
The plaintiff herein filed a Notice of Motion dated 27th February, 2013. The court certified the Application as urgent and ordered the Applicant to serve the Respondents for inter-parties hearing on 20th March, 2013.
On 20th March, 2013, the Firm of Mjeni Mwatsama Advocates entered appearance for the 1st Defendant, Kamiti Farmers Company Ltd. The Replying Affidavit was sworn by one Simon Njuguna Njoroge, allegedly the chairman of the said company.
However on 29th April, 2013. The Firm of Henia, Anzala & Associates entered appearance for the same 1st Defendant, Kamiti Farmers Company Ltd. The said company had allegedly given authority to plead to one Mbugua Kariuki, the allegedly duly elected Chairman.
The issue of representation was contested. The Registrar of companies one Francis K Ndirangu was summoned to court to shed light on the issue of Directorship of Kamiti Farmers Co Ltd. He confirmed that the recognized Directors are as per the letter dated 31st May, 2011. The said letter shows that one Mbugua Kariuki is the Chairman of this company. There is therefore no official record recognizing Simon Njuguna Njoroge whose group has appointed Mjeni Mwatsama & Co. advocates to represent them, as the chairman of Kamiti Farmers Co Ltd.
The official records recognize Mbugua Kariuki’s group as the Directors of the company.(Mbugua Kariuki is the deponent herein)
The court will therefore hold that Mbugua Kariuki is the bona-fide chairman of Kamiti Farmers Co. Ltd as per the letter dated 31st May, 2011. The Firm of Henia, Anzala & Associates has been appointed by the bona fide Directors. The Court will find and hold that Henia, Anzala & Associates are duly on record for the 1st Defendant and should thus proceed with the prosecution of this matter. The Law Firm of Mjeni Mwatsama was appointed by a group that is not officially recognized as Directors of the company. The Court finds that the Law Firm of Mjeni Mwatsama & Co Advocates is not properly on record for 1st Defendant.
It is so directed.
Dated this 27th August, 2013
L. N. GACHERU
JUDGE