[2018] KEHC 8679 (KLR)

[2018] KEHC 8679 (KLR)

The court found that the plaintiffs' application was not res judicata because the previous application was dismissed on a technicality (lack of authority), not on the merits. On the substantive issue, the court held that the notice for the extraordinary general meeting was valid under the Articles of Association, as it was issued with the required 21 days' notice and the plaintiffs attended the meeting. The Articles did not specify the method of sending notices or require advertisement in local media. The court further held that the plaintiffs failed to demonstrate that the election of directors was to be by show of hands, as Clause 10 of the Articles related to voting on resolutions, not...

Citation
[2018] KEHC 8679 (KLR)
Parties
Plaintiff: H.A. Katema; Plaintiff: Walter Mwawasi; Plaintiff: Kirigha Jonas Mkosi; Defendant: Nathaniel Mramba; Defendant: John Mwaeni; Defendant: Fanuel Mwandawiro; Defendant: Newton Mkala; Defendant: Crispus Mbashu; Defendant: Philip Marami; Defendant: Reuben Mwaluma; Defendant: Manuel Kitololo; Defendant: Dawson Marami; Defendant: Maungu Ranching (D.A.) Co Ltd
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Judgment Date
18 January 2018
Case Number
Civil Case 7 of 2016
Procedural Posture
Civil Case / Ruling on Notice of Motion for Permanent Injunction
Outcome
application dismissed with costs to the 1st, 3rd, 4th, 5th, 6th, 8th and 10th defendants
Judges
CM Kamau
Legal Topics
Injunctions, Company Meetings, Election of Directors, Articles of Association, Res Judicata
Source Language
English
Civil Procedure Commercial and Corporate Injunctions Company Meetings Election of Directors Articles of Association Res Judicata

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

H.A. Katema

Plaintiff

Walter Mwawasi

Plaintiff

Kirigha Jonas Mkosi

Plaintiff

Nathaniel Mramba

Defendant

John Mwaeni

Defendant

Fanuel Mwandawiro

Defendant

Newton Mkala

Defendant

Crispus Mbashu

Defendant

Philip Marami

Defendant

Reuben Mwaluma

Defendant

Manuel Kitololo

Defendant

Dawson Marami

Defendant

Maungu Ranching (D.A.) Co Ltd

Defendant

Procedural Posture

Civil Case / Ruling on Notice of Motion for Permanent Injunction

Legal Issues

  1. 1 Whether the plaintiffs' application was res judicata under Section 7 of the Civil Procedure Act.
  2. 2 Whether the plaintiffs had established a prima facie case to warrant a permanent injunction against the defendants regarding the management and elections of the company.

Ratio Decidendi

The court found that the plaintiffs' application was not res judicata because the previous application was dismissed on a technicality (lack of authority), not on the merits. On the substantive issue, the court held that the notice for the extraordinary general meeting was valid under the Articles of Association, as it was issued with the required 21 days' notice and the plaintiffs attended the meeting. The Articles did not specify the method of sending notices or require advertisement in local media. The court further held that the plaintiffs failed to demonstrate that the election of directors was to be by show of hands, as Clause 10 of the Articles related to voting on resolutions, not...

Court Disposition

application dismissed with costs to the 1st, 3rd, 4th, 5th, 6th, 8th and 10th defendants

Orders

  • The plaintiffs' Notice of Motion application dated 4th July 2017 is dismissed.
  • Costs awarded to the 1st, 3rd, 4th, 5th, 6th, 8th and 10th defendants, payable by the plaintiffs.