[2018] KEELC 4355 (KLR)
The court found that since the plaintiffs had withdrawn the suit, there was no longer any issue regarding dismissal for want of prosecution. Regarding the company instruments, the court relied on the official records from the Registrar of Companies, which listed the 1st, 3rd, and 6th plaintiffs as directors. The 1st...
Source-derived case information.
- Citation
- [2018] KEELC 4355 (KLR)
- Parties
- Plaintiff: Simon Kandie & 6 Others; Defendant: Richardson Kipkoech Bundotich & 5 Others; Defendant: 4th Defendant; Defendant: 5th Defendant
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 532 of 2013
- Procedural Posture
- Land and Property Suit / Ruling on Application for Dismissal and Release of Company Instruments
- Outcome
- Application for dismissal of suit overtaken by withdrawal; company instruments to be released to recognized directors.
- Legal Topics
- Company Instruments, Withdrawal of Suit, Directorship Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kandie & 6 Others
Plaintiff
Richardson Kipkoech Bundotich & 5 Others
Defendant
4th Defendant
Defendant
5th Defendant
Defendant
Procedural Posture
Land and Property Suit / Ruling on Application for Dismissal and Release of Company Instruments
Legal Issues
- 1 Whether the suit should be dismissed for want of prosecution after withdrawal by the plaintiffs.
- 2 Whether company instruments deposited in court should be released and to whom.
Ratio Decidendi
The court found that since the plaintiffs had withdrawn the suit, there was no longer any issue regarding dismissal for want of prosecution. Regarding the company instruments, the court relied on the official records from the Registrar of Companies, which listed the 1st, 3rd, and 6th plaintiffs as directors. The 1st and 2nd defendants failed to provide evidence of their status as company officials. The court therefore ordered that the company instruments be released jointly to the 1st, 3rd, and 6th plaintiffs, as they were the recognized directors according to the Registrar's letter.
Court Disposition
Application for dismissal of suit overtaken by withdrawal; company instruments to be released to recognized directors.
Orders
- The company instruments deposited in court shall be released jointly to the 1st, 3rd, and 6th plaintiffs.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA
AT NAKURU
ELC NO.532 OF 2013
SIMON KANDIE & 6 OTHERS...........................................................PLAINTIFFS
VERSUS
RICHARDSON KIPKOECH BUNDOTICH & 5 OTHERS..........DEFENDANTS
RULING
I have seen the application dated 26 July 2017 filed by the 1st and 2nd defendants which inter alia seeks that this suit be dismissed for want of prosecution and return of various Company instruments deposited in court.
The plaintiffs have now withdrawn the case, so there is no issue on the dismissal of the case for want of prosecution.
On the return of the company instruments, I have before me a letter dated 19 December 2017 from the Registrar of Companies indicating the names of directors. None of these is the 1st and /or 2nd defendants.
From the list, I can see the names of the 1st plaintiff, 3rd plaintiff and 6th plaintiff. These according to the records before me are among the known directors.
Mr. Olonyi has not tendered anything before me to demonstrate that his clients are company officials. I was referred to orders made in two cases i.e. HCC No.18 of 2015 and JR No.1 of 2015. I have called for and perused these files. HCC No.18 of 2015 was filed by Mr. Olonyi’s clients and dismissed. JR No.10 of 2015 has never had any movement since 2015 and most importantly, I have no determination made in those 2 cases that the persons named the list of 17 December 2017 are not directions of the company.
I therefore order that the company instruments be released jointly to the 1st, 3rd and 6th plaintiffs.
It is so ordered.
Dated, signed and delivered in open court at Nakuru this 1st day of February 2018.
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU
In presence of : -
Mr Bosire present for the plaintiff
Mr. Olonyi present for the 1st and 2nd defendants
Ms. Cheruto holding brief for Mrs. Ndeda for 4th defendant.
Mr. Langat holding brief for Mr. Orege for 5th defendant.
Court Assistant : Janepher
JUSTICE MUNYAO SILA
ENVIRONMENT & LAND COURT AT NAKURU