[2015] KEHC 4073 (KLR)
The court found that the applicant had a pending claim for work injury against Picasso Chemicals Limited at the time of its dissolution. The dissolution of the company would occasion serious injustice to the applicant unless the company is restored to the Register of Companies. The court therefore directed that the...
Source-derived case information.
- Citation
- [2015] KEHC 4073 (KLR)
- Parties
- Plaintiff: Newton Ombuni; Defendant: Picasso Chemicals Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Cause 12 of 2014
- Procedural Posture
- Miscellaneous Cause / Ruling on Directions for Hearing of Petition
- Outcome
- Application for directions granted. Petition to proceed by viva voce evidence. Costs in the cause.
- Judges
- DO Ogembo
- Legal Topics
- Company Restoration, Dissolution of Company, Register of Companies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Newton Ombuni
Plaintiff
Picasso Chemicals Limited
Defendant
Procedural Posture
Miscellaneous Cause / Ruling on Directions for Hearing of Petition
Legal Issues
- 1 Whether Picasso Chemicals Limited should be restored to the Register of Companies under section 339 of the Companies Act.
- 2 Whether the dissolution of Picasso Chemicals Limited would occasion injustice to the plaintiff due to a pending work injury claim.
Ratio Decidendi
The court found that the applicant had a pending claim for work injury against Picasso Chemicals Limited at the time of its dissolution. The dissolution of the company would occasion serious injustice to the applicant unless the company is restored to the Register of Companies. The court therefore directed that the petition for restoration should proceed by way of viva voce evidence, ensuring the applicant has an opportunity to pursue his claim.
Court Disposition
Application for directions granted. Petition to proceed by viva voce evidence. Costs in the cause.
Orders
- The Petition filed herein shall proceed by way of viva voce evidence.
- The costs of this application shall be in the cause.
Full Case Text
Judgment text and source record
27 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL & ADMIRALTY DIVISION
MISCELLANEOUS CAUSE NO. 12 OF 2014
IN THE MATTER OF PICASSO CHEMICALS LIMITED
AND
IN THE MATTER OF THE COMPANIES ACT (CAP 486 OF THE LAWS OF KENYA)
AND
IN THE MATTER OF AN APPLICATION TO RESTORE PICASSO CHEMICALS LIMITED’S NAME TO THE REGISTER OF COMPANIES UNDER SECTION 339 OF THE COMPANIES ACT.
NEWTON OMBUNI :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF
VERSUS
PICASSO CHEMICALS LIMITED :::::::::::::::::::::::::::::::::::::::::: DEFENDANT
R U L I N G
The application before the court is a Chamber Summons dated 16th December 2014 and filed in court on 12th January 2015 by the Petitioner/Applicant. The application is filed under Rule 10 of the companies (High Court) Rules and seeks that this court give direction on how the Petition filed herein will be heard.
The application is premised on the grounds set out therein, and is supported by the affidavit of Newton Ombuni sworn on 18th December 2014.
The Applicant’s case is that Picasso Chemicals Limited was dissolved on 13th November 2012 vide Kenya Gazette Notice NO. 16681 published on 16th November 2011 edition of the Kenya Gazette. At the time of dissolution the Petitioner had a pending claim against the company whose cause of action was a work injury he sustained while working for Picasso Chemicals Limited. The dissolution will occasion a serious injustice to the Petitioner unless the company is restored to the Register of Companies, and it is fair and just to restore Picasso Chemicals Limited to the Register of Companies.
I have considered the application which is not opposed. I direct that the Petition filed herein shall proceed by way of viva voce evidence.
The costs of this application shall be in the cause.
Orders accordingly.
READ, DELIVERED AND DATED AT NAIROBI
THIS 12TH DAY OF JUNE 2015
E. K. O. OGOLA
JUDGE
PRESENT:
Mr. Macharia holding brief for Mutai for the Plaintiff
No appearance for the Defendant
Teresia – Court Clerk