[2012] KEHC 4682 (KLR)
The court determined that the nature of the dispute, being over management and shareholding in limited liability companies, classifies it as a commercial dispute. Accordingly, the matter is to be handled by the Commercial and Admiralty Division, which has the appropriate jurisdiction as per the Chief Justice's...
Source-derived case information.
- Citation
- [2012] KEHC 4682 (KLR)
- Parties
- Plaintiff: Horst Krumeich; Defendant: Marshalls Investments Ltd; Defendant: Geoffrey Chege Kirundi; Defendant: Friarswood Ltd; Defendant: Steel Brothers & Co (Overseas Investments) Ltd; Applicant: Oriental Commercial Bank Ltd (formerly known as Delphis Bank)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 1074 of 2002
- Procedural Posture
- Civil Case / Directions on Transfer and Pending Application
- Outcome
- File transferred to Commercial and Admiralty Division for further handling of outstanding applications.
- Judges
- DW Mbuteti
- Legal Topics
- Company Management, Shareholding Disputes, Decree Setting Aside, Suit Discontinuance
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Horst Krumeich
Plaintiff
Marshalls Investments Ltd
Defendant
Geoffrey Chege Kirundi
Defendant
Friarswood Ltd
Defendant
Steel Brothers & Co (Overseas Investments) Ltd
Defendant
Oriental Commercial Bank Ltd (formerly known as Delphis Bank)
Applicant
Procedural Posture
Civil Case / Directions on Transfer and Pending Application
Legal Issues
- 1 Whether the decree passed on 2nd February 2006 should be set aside.
- 2 Whether the suit was deemed discontinued with effect from 7th December 2004.
- 3 Whether the dispute falls within the commercial jurisdiction for transfer.
Ratio Decidendi
The court determined that the nature of the dispute, being over management and shareholding in limited liability companies, classifies it as a commercial dispute. Accordingly, the matter is to be handled by the Commercial and Admiralty Division, which has the appropriate jurisdiction as per the Chief Justice's circular. The court thus ordered the transfer of the file for further handling of the outstanding application to set aside the decree and determine the status of the suit's discontinuance.
Court Disposition
File transferred to Commercial and Admiralty Division for further handling of outstanding applications.
Orders
- This file is transferred to the Commercial and Admiralty Division for that division to deal with any outstanding applications.
- The matter shall be mentioned before the Presiding/Duty Judge of that division on a date to be given at delivery of these directions.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT
AT NAIROBI
MILLIMANI LAW COURTS
Civil Case 1074 of 2002
HORST KRUMEICH………………........……………………..……... PLAINTIFF
VERSUS
1. MARSHALLS INVESTMENTS LTD
2. GEOFFREY CHEGE KIRUNDI
3. FRIARSWOOD LTD
4. STEEL BROTHERS & CO
(OVERSEAS INVESTMENTS) LTD………………....................….DEFENDANTS
ORIENTAL COMMERCIAL BANK LTD
formerly known asDELPHIS BANK….….APPLICANT/INTERESTED PARTY
DIRECTIONS
1. I have now perused this file.
2. There is an outstanding application by notice of motion dated 23rd July 2007 which seeks an order to set aside decree herein passed on 2nd February 2006 (and issued on 8th February 2006) and, in effect, a declaration that the present suit (consolidated with HCCC No. 1051 of 2002) was deemed to have been discontinued with effect from 7th December 2004.
3. This suit and also HCCC No. 1051 of 2002 involve disputes over the management of and shareholding in limited liability companies. The suits are clearly commercial disputes within the meaning of that term to be found in the circular letter of the then Chief Justice issued in November 1997.
4. This file is therefore transferred to the Commercial and Admiralty Division for that division to deal with any outstanding applications.
5. The matter shall be mentioned before the Presiding/Duty Judge of that division on a date to be given at delivery of these directions.
DATED AT NAIROBI THIS 9TH DAY OF MAY 2012
H.P.G. WAWERU
JUDGE
DELIVERED AT NAIROBI THIS 9TH DAY OF MAY 2012