Company Law-winding-up-application for winding-up- application had been brought on the ground that the respondent company was insolvent and unable to pay its debts and that it was just and equitable that the company should be wound up- where the respondent argued that there was a serious dispute as to the exact principal amount and interest owed by the company to the petitioner and accordingly the petition should be rejected –the respondents consequently filed an application seeking orders to prohibit the company from advertising the petition and the removal of the petition from the file of the proceedings or in the alternative that the petition be stayed or struck out –the application was struck out and the respondent paid the entire principal amount owed to the petitioner and the only unpaid claim was in respect to interest demanded – whether the court could find that the company was insolvent and unable to pay its debts even after it had paid the principal amount -section 220(a) of the Companies Act

Civil Practice and Procedure –dismissal of suit

[Ruling] Civil Procedure-review-application for the main order that the ruling made by this court admitting the plaintiffs suit out of the limitation period be set aside varied reviewed or otherwise discharged-where the plaintiff  had filed  a suit  against the two defendants claiming damages for personal injuries he sustained  as  a  result  of  alleged  negligence  by  the defendants-effect of-court order-Order XLIV rule 1 of the Civil Procedure Rules

[Ruling] Company Law-winding-up- petition to wind up the Company following a resolution passed by the shareholders-despite the Resolution to petition the court, the members through their advocate published a Notice in the Kenya Gazette headed, Members voluntary winding up- whether this notice was misleading and or false as it gave the impression, especially to creditors that the Company was solvent, yet the minutes clearly showed that the Company had accumulated losses and was unable to pay its debts      - whether the defect in the petition was substantial whether the defect and or irregularity could be cured by the court-Section 276 (1) of the Companys Act, Cap 486, Rule 202 (1) of the The Companys (winding) up Rules

CIVIL PRACTICE AND PROCEDURE-employment law-claim for damages on wrongful termination- where the defendant claims to have dismissed the plaintiff summarily due to gross misconduct-defendant's evidence was premised on an audit report-where the plaintiff did not get the chance to defend himself-whether the defendant  observed the rules of natural justice

CONTRACT LAW-breach of - wrongful termination of contract-the defendant summarily terminated the plaintiff on grounds of gross misconduct-where the defendant failed to give due notice to the plaintiff-whether the defendants can hold the plaintiff bound to termination clause within the contract-assessment of damages-whether the plaintiff is entitled to damages