Structural Construction Int Ltd v Prabhaki Developers Limited & another (Miscellaneous Application E331 of 2021) [2026] KEHC 4840 (KLR) (Commercial & Admiralty) (9 April 2026) (Ruling)

Structural Construction Int Ltd v Prabhaki Developers Limited & another (Miscellaneous Application E331 of 2021) [2026] KEHC 4840 (KLR) (Commercial & Admiralty) (9 April 2026) (Ruling)

The applicant's grievances do not meet the threshold for review as they require detailed examination and are not self-evident errors. The order for examination of directors is legally distinct from the issue of piercing the corporate veil and is permitted under Order 22 Rule 35. No inconsistency or error apparent on the face of the record exists.

Citation
[2026] KEHC 4840 (KLR)
Parties
Decree Holder: Structural Construction Int Ltd; Judgment Debtor: Prabhaki Developers Limited; Objector: Majitech Limited & 13 others
Court
High Court
Jurisdiction
Kenya
Judgment Date
9 April 2026
Case Number
Miscellaneous Application E331 of 2021
Procedural Posture
Miscellaneous Application / Ruling on Review Application
Outcome
application dismissed
Legal Topics
Review of Court Orders, Corporate Veil, Examination of Directors, Res Judicata
Source Language
English
Civil Procedure Commercial Law Review of Court Orders Corporate Veil Examination of Directors Res Judicata

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Parties

Structural Construction Int Ltd

Decree Holder

Prabhaki Developers Limited

Judgment Debtor

Majitech Limited & 13 others

Objector

Procedural Posture

Miscellaneous Application / Ruling on Review Application

Legal Issues

  1. 1 whether there is an error apparent on the face of the record justifying review
  2. 2 whether the doctrine of res judicata bars the examination of directors
  3. 3 whether the order compelling directors to attend court and produce books is inconsistent or unlawful

Ratio Decidendi

The applicant's grievances do not meet the threshold for review as they require detailed examination and are not self-evident errors. The order for examination of directors is legally distinct from the issue of piercing the corporate veil and is permitted under Order 22 Rule 35. No inconsistency or error apparent on the face of the record exists.

Court Disposition

application dismissed

Orders

  • orders of 21 October 2025 for directors' oral examination and production of books remain in force
  • costs awarded to decree holder/respondent