[2011] KEHC 1416 (KLR)
The court found that the applicant had complied with the procedural requirements under Order 53 of the Civil Procedure Rules by filing a statement of facts and a verifying affidavit. Upon perusal of the application, statement, and affidavit, the court was satisfied that sufficient grounds had been established for...
Source-derived case information.
- Citation
- [2011] KEHC 1416 (KLR)
- Parties
- Applicant: Murigiyeny Farmers and Traders Ltd; Respondent: Registrar of Companies; Interested Party: Kipkemoi Arap Koskei; Interested Party: Pauline Sang
- Court
- High Court
- Court Station
- High Court at Kericho
- Jurisdiction
- Kenya
- Case Number
- Civil Miscellaneous Application 18 of 2010
- Procedural Posture
- Miscellaneous Application / Ruling on Leave to Apply for Judicial Review Orders
- Outcome
- Leave granted to apply for judicial review; leave to operate as stay.
- Legal Topics
- Judicial Review, Certiorari, Prohibition Orders, Leave to Apply, Stay of Decision
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Murigiyeny Farmers and Traders Ltd
Applicant
Registrar of Companies
Respondent
Kipkemoi Arap Koskei
Interested Party
Pauline Sang
Interested Party
Procedural Posture
Miscellaneous Application / Ruling on Leave to Apply for Judicial Review Orders
Legal Issues
- 1 Whether the applicant has established sufficient grounds for leave to apply for orders of certiorari and prohibition.
- 2 Whether leave, if granted, should operate as a stay of the respondent's decision.
Ratio Decidendi
The court found that the applicant had complied with the procedural requirements under Order 53 of the Civil Procedure Rules by filing a statement of facts and a verifying affidavit. Upon perusal of the application, statement, and affidavit, the court was satisfied that sufficient grounds had been established for the grant of leave to apply for orders of certiorari and prohibition. The court further exercised its discretion to direct that the leave granted would operate as a stay of the respondent's decision dated 24th March 2011, or the convening of an Annual General Meeting of the applicant company, pending the hearing and determination of the substantive motion. The court also gave...
Court Disposition
Leave granted to apply for judicial review; leave to operate as stay.
Orders
- Leave is granted to the applicant to apply for orders of certiorari and prohibition as sought in prayer 1 of the application.
- The leave granted shall operate as a stay of the respondent's decision dated 24th March 2011 or convening an Annual General Meeting of the applicant company.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KERICHO
CIVIL MISC. APPLICATION NO. 18 OF 2010(JR)
IN THE MATTER OF AN APPLICATION BY MURGIYENY FARMERS AND TRADERS LTD
FOR LEAVE TO FILE AN APPLICATION FOR AN ORDERS OF CERTIORARI AND PROHIBITION
BETWEEN
MURIGIYENY FARMERS AND TRADERS LTD....................................................APPLICANT
VS
REGISTRAR OF COMPANIES..........................................................................RESPONDENT
AND
KIPKEMOI ARAP KOSKEI.............................................................1ST INTERESTED PARTY
PAULINE SANG..............................................................................2ND INTERESTED PARTY
RULING
In its Notice of Motion dated 12th April 2011, the applicant, MURGIYEN FARMERS AND TRADERS LIMITED, seeks leave to apply for an orders of certiorari to bring into this Court for quashing the decision dated 24th March 2011 made by the Registrar of Companies, the Respondent herein, and for an order of prohibition.
I have perused the application and the Statement of Facts and the Supporting affidavit. Rule 1 (2) of Order 53 of the Civil Procedure Rules (2010) require that the application for leave be accompanied not only by a Statement of Facts but also by affidavits verifying the facts relied on. I shall treat the affidavit titled “Supporting affidavit” as the “Verifying affidavit”.
Mrs. A. C. Bett, learned Counsel for the applicant, urged the Court to grant the leave sought and prayed that an order be made that the leave, if granted, operates as a stay.
I am satisfied after perusing the application and the Statement of Facts and the affidavit treated as the Verifying affidavit that the Applicant has established sufficient grounds for the grant of the leave sought. Accordingly, and in terms of Order 53 Rule 1 (1) I grant the applicant the leave sought in terms of prayer 1 of the application.
I direct that a Notice of Motion shall, pursuant to Rule 3 (1) of Order 53 of the Civil Procedure Rules be made within 21 days from the date hereof and shall within 14 days of filing be served upon the respondents and the interested parties and all such persons as may be affected by it.
The Notice of Motion shall be mentioned on 27/6/2011 when a hearing date shall be given. Seven days before the mention on 27/6/2011, an affidavit shall be filed in terms of Rule 3 (3) of Order 53 of the Civil Procedure Rules.
The leave herein granted shall operate as a stay of the Respondent’s decision sought to be quashed or convening an Annual General Meeting of the shareholders of the applicant Company.
DATEDat KERICHO this 14th Day ofApril, 2011
G B M KARIUKI, SC
RESIDENT JUDGE
COUNSEL APPEARING
Mrs. A.C. Bett, Advocate, for the Applicant
Mr. N. Bett, Court clerk