[2021] KEHC 8117 (KLR)
The court found that the Applicant/Respondent was wrongly sued as there was no contractual relationship between it and the Petitioners, nor was it responsible for the development in question. The petition did not disclose a reasonable cause of action against the Applicant/Respondent. Since the Preliminary Objection...
Source-derived case information.
- Citation
- [2021] KEHC 8117 (KLR)
- Parties
- Applicant: Kings Pride Properties Limited; Respondent: __MISSING__
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Insolvency Cause 174 of 2019
- Procedural Posture
- Liquidation Petition / Preliminary Objection Ruling
- Outcome
- preliminary_objection_upheld_petition_struck_out
- Judges
- MW Muigai
- Legal Topics
- Company Liquidation, Preliminary Objection, Cause of Action, Misjoinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kings Pride Properties Limited
Applicant
__MISSING__
Respondent
Procedural Posture
Liquidation Petition / Preliminary Objection Ruling
Legal Issues
- 1 Whether the petition offends Order 1 Rule 10(2) of the Civil Procedure Rules, 2010 by wrongly suing the Applicant/Respondent.
- 2 Whether the petition discloses a reasonable cause of action against the Applicant/Respondent under Order 2 Rule 15 of the Civil Procedure Rules, 2010.
Ratio Decidendi
The court found that the Applicant/Respondent was wrongly sued as there was no contractual relationship between it and the Petitioners, nor was it responsible for the development in question. The petition did not disclose a reasonable cause of action against the Applicant/Respondent. Since the Preliminary Objection was unchallenged and the Petitioners did not file any response, the court upheld the objection and struck out the petition and proceedings against the Applicant/Respondent with costs.
Court Disposition
preliminary_objection_upheld_petition_struck_out
Orders
- The Preliminary Objection is upheld.
- The Petition and entire proceedings are struck out with costs to the Applicant/Respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MILIMANI COMMERCIAL & TAX DIVISION
INSOLVENCY PETITION NO. E 174 OF 2019
IN THE MATTER OF THE COMPANIES ACT NO. 18 OF 2015
AND
IN THE MATTER OF THE COMPANIES ACT NO. 17 OF 2015
AND
IN THE MATTER OF KINGS PRIDE PROPERTIES LIMITED
LIQUIDATION PETITION
(pursuant to Section 425 of the Insolvency Act No. 18 of 2015)
RULING
The Applicant/Respondent herein(KINGS PRIDE PROPERTIES LIMITED) raised a Preliminary Objection dated 26th May 2020, to the Petition and the entire Proceedings herein and urged the Court to determine the objection in limine and strike out the Petition and entire Proceedings with costs to the Respondent on grounds that;
a. It offends the provisions of Order 1 Rule 10(2) of the Civil Procedure Rules, 2010as the Applicant/Respondent herein has been wrongly sued by the Petitioners’ as there was no existing contract between the Petitioners and the Respondent. Nor was the Respondent in charge of “the Development” that is alleged in the current Petition.
b. That it further offends the provisions of Order 2 Rule 15 of the Civil Procedure Rules, 2010as the current Petition does not disclose a reasonable cause of action as against the Applicant/Respondent herein for the reasons stated in (a) above.
No response by the Respondent was filed.
They indicated negotiations ongoing but did not respond to the Preliminary Objection.
The Preliminary Objection is unchallenged and therefore is upheld.
DELIVERED SIGNED& DATED IN OPEN COURT ON 19TH MARCH 2021 (VIRTUAL CONFERENCE)
M.W. MUIGAI
JUDGE
IN THE PRESENCE OF;
MR. KULOBA FOR THE APPLICANT H/B MR. KURIA FOR THE PETITIONER.
COURT ASSISTANT: TUPET