[2008] KEHC 924 (KLR)
The court held that since the defendant company was struck off the register during the pendency of the suit, the law requires the plaintiff to apply for its restoration to enable prosecution and completion of her claim. The application was properly brought under Section 339(b) of the Companies Act, and the plaintiff...
Source-derived case information.
- Citation
- [2008] KEHC 924 (KLR)
- Parties
- Plaintiff: Martha Wangari Kinuthia; Defendant: Kenya Farmers Bank Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 967 of 2005
- Procedural Posture
- Civil Case / Ruling on Notice of Motion for Restoration of Defendant Company to Register
- Outcome
- Application allowed. Defendant company to be restored to the register for the purpose of prosecuting the suit.
- Judges
- JL Osiemo
- Legal Topics
- Company Striking Off, Restoration to Register, Employment Claims, Acting Capacity Remuneration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Martha Wangari Kinuthia
Plaintiff
Kenya Farmers Bank Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Notice of Motion for Restoration of Defendant Company to Register
Legal Issues
- 1 Whether the defendant company should be restored to the register of companies to enable the plaintiff prosecute her suit.
- 2 Whether the plaintiff is entitled to seek restoration under Section 339(b) of the Companies Act.
Ratio Decidendi
The court held that since the defendant company was struck off the register during the pendency of the suit, the law requires the plaintiff to apply for its restoration to enable prosecution and completion of her claim. The application was properly brought under Section 339(b) of the Companies Act, and the plaintiff demonstrated sufficient grounds for restoration. The court therefore allowed the application and ordered the restoration of the defendant company to the register for the purpose of prosecuting the suit.
Court Disposition
Application allowed. Defendant company to be restored to the register for the purpose of prosecuting the suit.
Orders
- Defendant company Kenya Farmers Bank Ltd to be restored to the register of companies for the purpose of prosecuting the suit.
- Plaintiff's application allowed in terms of prayers 1, 2 and 3 of the Notice of Motion dated 11th October 2007.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 967 of 2005
MARTHA WANGARI KINUTHIA…………………………….PLAINTIFF
VERSUS
KENYA FARMERS BANK LTD………………………....DEFENDANT
R U L I N G
The applicant was employed by the defendant performing managerial duties and while on employment she was assigned and performed duties of the General Manager in an acting capacity but she was never remunerated. On 11th December 2002 she was appointed Acting General Manager but she continued drawing her normal salary and not the salary assigned to the post to which she had been appointed to act.
On 30th June 2004 she filed this suit against the defendant claiming a sum of Sh. 17,695,000/=. But while this suit was pending in court, the Defendant was struck off the register of companies.
She has now brought this notice of motion under provisions of Section 339(b) of the Companies Act Cap 486, Laws of Kenya for orders that the defendant be restored to the register for the purpose of prosecuting the suit. The application is based on the grounds as stated on the body of the notice of motion and supported by an affidavit sworn by Charles Alenga Khamala, counsel for the applicant.
The defendant company having been struck off the register during the pendency of this suit the law requires that the plaintiff do apply for order that the company be restored to the register to enable the Plaintiff prosecute and complete her suit.
Accordingly the plaintiff’s application is allowed in terms of prayers 1, 2 and 3 of the Notice of Motion dated 11th October 2007.
Dated and delivered at Nairobi this 16th day of May 2008.
J. L. A. OSIEMO
JUDGE