Mbugua v Business Registration Services (BRS) & 3 others (Commercial Miscellaneous Application E006 of 2026) [2026] KEHC 9622 (KLR) (1 July 2026) (Ruling)
The application sought reliefs that would affect the rights of the company’s directors, so it could not properly be pursued by miscellaneous application. The applicant was required to file a substantive suit; therefore, the unopposed application was defective and had to be struck out.
Source-derived case information.
- Citation
- [2026] KEHC 9622 (KLR)
- Parties
- Applicant: Grace Wanjiru Mbugua; 1st Respondent: Business Registration Service (BRS); 2nd Respondent: Precious Hands Pharmaceuticals Limited; 3rd and 4th Respondents: 2 Others
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E006 of 2026
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion; Application Struck Out
- Outcome
- Application struck out
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Rectification of Company Register, Removal of Directors, Miscellaneous Application Procedure, Competency of Application, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Grace Wanjiru Mbugua
Applicant
Business Registration Service (BRS)
1st Respondent
Precious Hands Pharmaceuticals Limited
2nd Respondent
2 Others
3rd and 4th Respondents
Procedural Posture
Commercial Miscellaneous Application / Ruling on Unopposed Notice of Motion; Application Struck Out
Legal Issues
- 1 Whether a miscellaneous application was the proper procedure for the reliefs sought
- 2 Whether the court should order rectification of the company register and amendment of CR12 without a substantive suit
- 3 Whether the application should be struck out despite being unopposed
Ratio Decidendi
The application sought reliefs that would affect the rights of the company’s directors, so it could not properly be pursued by miscellaneous application. The applicant was required to file a substantive suit; therefore, the unopposed application was defective and had to be struck out.
Court Disposition
Application struck out
Orders
- The Notice of Motion dated 15/4/2026 is struck out.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
**** **REPUBLIC OF KENYA** **IN THE HIGH COURT OF KENYA AT NAKURU** **COMMERCIAL MISCELLANEOUS APPLICATION NO. E006 OF 2026** **GRACE WANJIRU MBUGUA --------------------------------------------- APPLICANT** **VERSUS** **BUSINESS REGISTRATION SERVICE (BRS) AND** **PRECIOUS HANDS PHARMACEUTICALS** **LIMITED & 2 OTHERS ---------------------------------------------- RESPONDENTS** **RULING** 1. By Notice of Motion dated 15/4/2026, the Applicant prays for reliefs as hereunder; * 1. **Spent** 2. **Spent** 3. **Spent** 4. **THAT the Registrar of Companies (4th respondent) does rectify the 1st Respondent's Register by removing the 2nd & 3rd Respondents as its Directors.** 5. **That CR12 be amended to reflect lawful directorship of the Company.** 6. **That the costs of the application be provided for.** 2. There is evidence of service of the Application but no replies have been put in. 3. I have perused the Application together with affidavit evidence in support thereof. This is a Miscellaneous Application and not a substantive action. In **Joseph Kibowen Chemjor vs. William C. Kasera (2013) eKLR,** this Court opined that such procedure of litigation may be invoked where the rights of the parties are not going to be determined and the Applicant only seeks an order that does not settle rights or obligations. 4. The reliefs sought herein could affect the rights of the 1st Respondent's Directors sought to be removed. In my view, the Applicant ought to have brought a substantive suit for the dispute to be properly adjudicated and resolved. 5. Although the application would appear to be unopposed there being no response thereto, the same is found to be defective for the reason given. The Application is accordingly struck out with no order as to costs. **J. M. NANG’EA, JUDGE** **Ruling dated, signed and delivered virtually this 1st day of July, 2026.** **In the presence of:** Mr. Omwanza Advocate for the Applicant Respondents, Absent Court Assistant (Jeniffer). **J. M. NANG’EA, JUDGE.**