https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9886
Because the application was duly served, remained unopposed, and the affidavit evidence supported the relief sought, the court allowed the prayers seeking rectification of the register of members and corresponding effect by the Registrar of Companies.
Source-derived case information.
- Citation
- [2026] KEHC 9886 (KLR)
- Parties
- Applicant: Ronak Raj Shah; Respondent: Famous Travel Limited
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Commercial Miscellaneous Application E007 of 2026
- Procedural Posture
- Commercial Miscellaneous Application / Ruling on Unopposed Ex Parte Motion
- Outcome
- Application allowed in part; prayers (b) and (c) granted; no order as to costs.
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Rectification of Register of Members, Transmission of Shares to Estate, Ex Parte Application, Unopposed Application, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronak Raj Shah
Applicant
Famous Travel Limited
Respondent
Procedural Posture
Commercial Miscellaneous Application / Ruling on Unopposed Ex Parte Motion
Legal Issues
- 1 Whether the court should order rectification of the register of members of the respondent company to reinstate 33 ordinary shares in favour of the estate of the deceased.
- 2 Whether the rectification can be effected without execution by the deceased administrator and by directions to the Registrar of Companies.
- 3 Whether costs should be awarded.
Ratio Decidendi
Because the application was duly served, remained unopposed, and the affidavit evidence supported the relief sought, the court allowed the prayers seeking rectification of the register of members and corresponding effect by the Registrar of Companies.
Court Disposition
Application allowed in part; prayers (b) and (c) granted; no order as to costs.
Orders
- The register of members of Famous Travel Limited shall be rectified by reinstating the thirty-three (33) ordinary shares in favour of the estate of Premchand Nangpar Shah.
- The rectification shall be effected without the requirement of execution by the deceased administrator, and the Registrar of Companies shall give effect to the said rectification.
Full Case Text
Judgment text and source record
1 paragraphs
In re Estate of Shah (Deceased) (Commercial Miscellaneous Application E007 of 2026) [2026] KEHC 9886 (KLR) (6 July 2026) (Ruling) Neutral citation: [2026] KEHC 9886 (KLR) Republic of Kenya In the High Court at Nakuru Commercial Miscellaneous Application E007 of 2026 JM Nang'ea, J July 6, 2026 IN THE MATTER OF THE ESTATE OF THE LATE PREMCHAND NANGPAR SHAH (DECEASED) Between Ronak Raj Shah Applicant and Famous Travel Limited Respondent Ruling 1.By Notice of Motion dated 22/4/2026, brought ex-parte, the following orders are sought;a.Spent.b.That this Honourable Court be pleased to order the rectification of the register of members of Famous Travels Limited by reinstating the thirty-three (33) ordinary shares as registered in the name of the Applicant in favour of the estate of Premchand Nangpar Shah.c.That prayer (b) above be done without the requirement of execution by the administrator of the said estate, who has since died and the Register of Companies do give effect to the said rectification.d.That in the alternative to prayer (b) and (c) above, this Honourable Court be pleased to issue an order directing the Registrar of Companies to effect all requisite entries in the register of members of Famous Travels Limited thereby completing the rectification.e.That the costs of this Application be in the cause. 2.The Motion is supported by Applicant’s affidavit evidence. There is evidence of service of the Application upon the Respondent company but no reply has been filed. 3.I have perused the Applicant’s affidavit against the Application, and considering that the same is unopposed, I allow prayers (b) and (c) thereof. 4.No order is made as to costs of the Application. 5.Ruling accordingly. RULING DATED, SIGNED AND DELIVERED VIRTUALLY THIS 6TH DAY OF JULY, 2026.J. M. NANG’EA, JUDGE.In the presence of:Mr. Opondo Advocate for Mr. Situma Advocate for the ApplicantRespondent, AbsentCourt Assistant (Jeniffer)