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Mathia & others v John Wainaina & 3 others [2017] KEELC 3280 (KLR)
The court allowed amendment of the plaint and joined two partners as defendants after land titles allegedly issued from a disputed subdivision came to light.
DAVIS WAFULA NAKITARE, POLLY NOYCE NAKITARE & DELATA CRESCENT CAMPS AND SAFARIS LTD v AGRI. DEVELOPMENT CORPORATION [2009] KEHC 246 (KLR)
The court held that the suit by the 3rd plaintiff, Delata Crescent Camps and Safaris Ltd., was incompetent for want of a board or shareholders' resolution authorizing its institution, as required by law. The absence of such a resolution at the time of filing rendered the suit by the company void ab initio and ultra vires. Consequently, the claim by the 3rd plaintiff was struck out with costs. However, the court found that the causes of action and reliefs sought by the 1st and 2nd plaintiffs were severable from those of the 3rd plaintiff, allowing their suit to proceed. On the issue of non-dis…
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