[2025] KEHC 6080 (KLR)

[2025] KEHC 6080 (KLR)

The court found that the application for review was brought within a reasonable time and satisfied the threshold of 'sufficient reason' under Order 45 of the Civil Procedure Rules. The court distinguished between the issues and reliefs sought in the previous constitutional petition and the current suit, holding that except for the prayer relating to the Departure Prohibition Order, the matters were not identical. The court emphasized that judicial review proceedings are limited to process, while the current suit concerns the merits of share transfers and tax liability. Therefore, the matter was not res judicata. The court also found no evidence of forum shopping, as the petition and the...

Citation
[2025] KEHC 6080 (KLR)
Parties
Plaintiff: Pratik Mansukhlal Malde; Plaintiff: Anil Kuma Virpar Malde; Respondent: Rahab Mwihaki Karoki; Respondent: Family Signature Limited; Respondent: Kenya Revenue Authority
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
16 May 2025
Case Number
Commercial Case E384 of 2023
Procedural Posture
Review Application / Ruling on Application for Review of Previous Court Order
Outcome
Application for review allowed; previous ruling set aside; operative orders granted subject to security deposit.
Judges
A Mabeya
Legal Topics
Review of Court Orders, Res Judicata, Share Transfer Disputes, Tax Liability of Former Directors, Departure Prohibition Orders, Forum Shopping
Source Language
English
Civil Procedure Commercial and Corporate Tax Law Review of Court Orders Res Judicata Share Transfer Disputes Tax Liability of Former Directors Departure Prohibition Orders +1 more

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Parties

Pratik Mansukhlal Malde

Plaintiff

Anil Kuma Virpar Malde

Plaintiff

Rahab Mwihaki Karoki

Respondent

Family Signature Limited

Respondent

Kenya Revenue Authority

Respondent

Procedural Posture

Review Application / Ruling on Application for Review of Previous Court Order

Legal Issues

  1. 1 Whether the application for review meets the threshold under Order 45 of the Civil Procedure Rules.
  2. 2 Whether the matter is res judicata in light of previous constitutional petition and pending appeal.
  3. 3 Whether the plaintiffs' legitimate expectation regarding registration of share transfers was considered.

Ratio Decidendi

The court found that the application for review was brought within a reasonable time and satisfied the threshold of 'sufficient reason' under Order 45 of the Civil Procedure Rules. The court distinguished between the issues and reliefs sought in the previous constitutional petition and the current suit, holding that except for the prayer relating to the Departure Prohibition Order, the matters were not identical. The court emphasized that judicial review proceedings are limited to process, while the current suit concerns the merits of share transfers and tax liability. Therefore, the matter was not res judicata. The court also found no evidence of forum shopping, as the petition and the...

Court Disposition

Application for review allowed; previous ruling set aside; operative orders granted subject to security deposit.

Orders

  • The application dated 2/4/2024 is allowed.
  • The ruling of 18/12/2023 is reviewed and set aside.