[2024] KEELC 1350 (KLR)
The court found that the dissolution of the plaintiff company and the resulting lack of instructions to its advocates justified granting leave for the advocates to cease acting. Furthermore, in light of the dissolution and in the interest of justice, the court determined that it was appropriate to vacate its earlier...
Source-derived case information.
- Citation
- [2024] KEELC 1350 (KLR)
- Parties
- Plaintiff: Shepherd Catering Limited; Defendant: Nairobi Holdings Limited; Defendant: Chief Land Registrar of Titles; Defendant: Steel Son Limited; Defendant: Salome Wangechi Wachira alias Salome Wangechi Lenana; Defendant: Alfred Lenana Wambugu
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 359 of 2004
- Procedural Posture
- Environment and Land Case / Ruling on Application for Advocates to Cease Acting and Joinder of Parties
- Outcome
- Application allowed; previous order disallowing joinder vacated; directors joined as defendants in counterclaim; no order as to costs.
- Judges
- LN Mbugua
- Legal Topics
- Joinder of Parties, Dissolution of Company, Leave to Cease Acting, Counterclaim Amendment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shepherd Catering Limited
Plaintiff
Nairobi Holdings Limited
Defendant
Chief Land Registrar of Titles
Defendant
Steel Son Limited
Defendant
Salome Wangechi Wachira alias Salome Wangechi Lenana
Defendant
Alfred Lenana Wambugu
Defendant
Procedural Posture
Environment and Land Case / Ruling on Application for Advocates to Cease Acting and Joinder of Parties
Legal Issues
- 1 Whether the advocates for the plaintiff should be granted leave to cease acting for the plaintiff due to lack of instructions and dissolution of the company.
- 2 Whether the court should vacate its earlier orders disallowing joinder of the plaintiff's directors as parties to the counterclaim.
- 3 Whether the directors of the dissolved plaintiff company should be joined as defendants in the counterclaim.
Ratio Decidendi
The court found that the dissolution of the plaintiff company and the resulting lack of instructions to its advocates justified granting leave for the advocates to cease acting. Furthermore, in light of the dissolution and in the interest of justice, the court determined that it was appropriate to vacate its earlier order disallowing the joinder of the plaintiff's directors. The court held that the directors, Salome Wangechi Wachira alias Salome Wangechi Lenana and Alfred Lenana Wambugu, should be joined as defendants in the counterclaim to ensure that the issues raised in the counterclaim could be properly addressed. The counterclaim was to be amended and served upon the new parties...
Court Disposition
Application allowed; previous order disallowing joinder vacated; directors joined as defendants in counterclaim; no order as to costs.
Orders
- The application dated 14.11.2023 is allowed.
- The orders given on 17.7.2023 disallowing the joinder of new parties are vacated.
Full Case Text
Judgment text and source record
23 paragraphs
Shepherd Catering Limited v Nairobi Holdings Limited & 2 others (Environment & Land Case 359 of 2004) [2024] KEELC 1350 (KLR) (12 March 2024) (Ruling)
Neutral citation: [2024] KEELC 1350 (KLR)
Republic of Kenya
In the Environment and Land Court at Nairobi
Environment & Land Case 359 of 2004
LN Mbugua, J
March 12, 2024
Between
Shepherd Catering Limited
Plaintiff
and
Nairobi Holdings Limited
1st Defendant
Chief Land Registrar of Titles
2nd Defendant
Steel Son Limited
3rd Defendant
Ruling
1. Before me is the application dated 14. 11. 2023 where advocates for the plaintiffs are seeking orders to cease acting. They contend that they have been on record for the plaintiffs since August 2014, but they have not been getting adequate instructions to prosecute the matter. They further contend that it has come to their attention that the plaintiff was dissolved and struck out of the Register of companies vide a gazzette notice no. 7852.
2. The 3rd defendant has opposed the application vide the replying affidavit dated 5. 12. 2023 sworn by Joseph Muchoki, a principle officer of the 3rd defendant, in addition to filing grounds of opposition. The 3rd defendant contends that the purported dissolution of the plaintiff company was unlawful and was orchestrated by its director, one Salome Lenana. It is pointed out that the directors of the company namely Salome Wangechi and Alfred Lenana are the once whom the 3rd defendant had sought to join in these proceedings when they were lodging their counterclaim, but the move for joinder was opposed by the plaintiff. They seek to have the orders of 17. 7.2023 disallowing the joinder of the directors vacated so as to bring the directors on board this suit.
3. I have considered all the arguments raised herein. Plaintiff’s counsel contends that they have no instructions as the plaintiff company was dissolved. The issue of the dissolution of the company has been brought forth after the court had rendered a ruling dated 17. 7.2023 disallowing the joinder of the alleged directors of the plaintiff. That being the case, and in the interest of justice the court is inclined to allow the joinder of the named directors.
4. In the final analysis, the application dated 14. 11. 2023 is allowed with no orders as to costs; the orders given on 17. 7.2023 disallowing the joinder of new parties is vacated, to this end, Salome Wangechi Wachira alias Salome Wangechi Lenana and Alfred Lenana Wambugu are hereby joined as defendants in the counterclaim; The Counterclaim is to be amended accordingly and to be served upon the new parties.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF MARCH, 2024 THROUGH MICROSOFT TEAMS.LUCY N. MBUGUAJUDGEIn the presence of:-Biko Angwenyi for PlaintiffKihara for 3rd Defendant and Plaintiff in CounterclaimCourt assistant: Judith