[1998] KEHC 199 (KLR)
The court found that the applicant failed to demonstrate any grounds warranting review of the order dated 20th January, 1998 under Order 44 Rule 1 of the Civil Procedure Rules. The court held that the record did not support the applicant's allegations regarding unrecorded requests, and that the plaintiff, as a...
Source-derived case information.
- Citation
- [1998] KEHC 199 (KLR)
- Parties
- Plaintiff: Renguti Gikambura Hotel Ltd; Defendant: Harun Gatobo Njuguna
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 3608 of 1988
- Procedural Posture
- Civil Case / Ruling on Application for Review and Stay of Proceedings
- Outcome
- application dismissed with costs
- Legal Topics
- Review of Court Orders, Stay of Proceedings, Company Representation in Court
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Renguti Gikambura Hotel Ltd
Plaintiff
Harun Gatobo Njuguna
Defendant
Procedural Posture
Civil Case / Ruling on Application for Review and Stay of Proceedings
Legal Issues
- 1 Whether the applicant has established grounds for review of the court's order dated 20th January, 1998 under Order 44 Rule 1 of the Civil Procedure Rules.
- 2 Whether the proceedings should be stayed pending determination of the application for review.
- 3 Whether a limited liability company can act in person in court proceedings.
Ratio Decidendi
The court found that the applicant failed to demonstrate any grounds warranting review of the order dated 20th January, 1998 under Order 44 Rule 1 of the Civil Procedure Rules. The court held that the record did not support the applicant's allegations regarding unrecorded requests, and that the plaintiff, as a limited liability company, could not act in person. The ruling was based on the facts and merits presented, and there was no error or new evidence to justify a review. Consequently, the application for review and stay of proceedings was dismissed with costs to the respondent.
Court Disposition
application dismissed with costs
Orders
- The application for review and stay of proceedings is dismissed with costs to the respondent.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL CASE NO. 3608 OF 1988
RENGUTI GIKAMBURA HOTEL LTD..............................PLAINTIFF
VERSUS
HARUN GATOBO NJUGUNA............................................DEFENDANT
R U L I N G
This is an application by way of Chamber Summons seeking a review of this courts order of 20th January, 1998 and all consequential orders thereunder. There is also a prayer that all proceedings in this suit be stayed pending the determination of this application.
The said application is supported by an affidavit sworn by one Francis Kiarie Ndirangu the Managing Director of the plaintiff company. The application is opposed and there is a replying affidavit sworn by Harun Gatoho Njuguna the defendant together with grounds of opposition. Both counsel have also made their respective submissions.
The cited provisions of law include section 3A of the Civil procedure Act and Orders 9B Rule 8 and 44 Rule 1 of the Civil Procedure Rules. Most of the allegations in respect of the proceeding in court can be proved wrong as the record speaks for itself. There is no way this court could have omitted to record the request of the applicant’s Managing Director if at all it was made in court. The truth of the matter is that no request was made at all. Secondly, the plaintiff is a Limited Liability Company. It could not act in person.
I have addressed the issue of review vis a vis the ruling of 20th January, 1998. With respect, I find nothing in the ruling that calls for a revisit under the provisions of order 44 Rule 1 of the Civil Procedure Rules. It is my view that the ruling was based on the facts before the court and the merits therein. I am unable to grant the orders sought.
Accordingly, the application is dismissed with costs.
Order accordingly.
Dated and delivered at Nairobi this 5th day of June, 1998
A. MBOGHOLI MSAGHA
JUDGE
Mr Gathuara for respondent
No appearance for applicant.