[1996] KECA 72 (KLR)
The Court of Appeal held that there was no merit in the appellant's argument that the trial court lacked jurisdiction. The court found that none of the prayers sought in the original suit were based on the Companies Act or the Registration of Titles Act, and nothing was shown to oust the jurisdiction of the trial...
Source-derived case information.
- Citation
- [1996] KECA 72 (KLR)
- Parties
- Appellant: Kiriko Farmers Company Limited; Respondent: Ngenia Farmers Company Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 149 of 1995
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Company Shareholding, Jurisdiction of Trial Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kiriko Farmers Company Limited
Appellant
Ngenia Farmers Company Limited
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the trial court had jurisdiction to hear and determine the suit regarding company shareholding.
- 2 Whether any statutory provision ousted the jurisdiction of the trial court in this matter.
Ratio Decidendi
The Court of Appeal held that there was no merit in the appellant's argument that the trial court lacked jurisdiction. The court found that none of the prayers sought in the original suit were based on the Companies Act or the Registration of Titles Act, and nothing was shown to oust the jurisdiction of the trial court. Therefore, the appeal was dismissed, and the orders of the lower courts were upheld.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA AT NAKURU Civil Appeal 149 of 1995
KIRIKO FARMERS COMPANY LIMITED......……..............................................................APPELLANT
AND
NGENIA FARMERS COMPANY LIMITED.....................................................................RESPONDENT
(Appeal from a decree of the High Court of Kenya at Nakuru (Mr. Justice D.M.
RIMITA) dated 23rd May, 1995
IN
CIVIL APPEAL NO. 56 OF 1993)
****************************
JUDGMENT OF THE COURT
This is an appeal against the decision of the superior court on appeal from the Principal Magistrate's Court. The only ground of appeal urged was that the trial court had no jurisdiction to hear the case. The suit was for a declaration that the plaintiff was a shareholder together with the defendant in the company and for consequential order to issue to the plaintiff its share therein. The trial court so ordered and the superior court dismissed the appeal.
We see no merit in this appeal. No reason has been shown why the trial court had no jurisdiction. None of the prayers sought was based on the Companies Act or the Registration of Titles Act. Nothing was shown to oust the jurisdiction of the trial court.
Accordingly and, for the reason above stated, the appeal fails and is dismissed with costs.
Dated and delivered at Nakuru this 24th day of September, 1996.
J.E. GICHERU
.............................
JUDGE OF APPEAL
R.S.C. OMOLO
............................
JUDGE OF APPEAL
A.A. LAKHA
...........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR