MUSEVEKI MASYUKI Vs KASYOKA MVUBI[2003] EKLR | ||
| civ app 41 of 98 | 17 Jan 2003 | |
Roselyn Naliaka Nambuye
High Court at Machakos
MUSEVEKI MASYUKI vs KASYOKA MVUBI
MUSEVEKI MASYUKI vs KASYOKA MVUBI[2003] eKLR
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MUSEVEKI MASYUKI Vs KASYOKA MVUBI[2003] EKLR | ||
| Case Number: civ app 41 of 98 | Date Delivered: 17 Jan 2003 | |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Machakos
Parties: MUSEVEKI MASYUKI vs KASYOKA MVUBI
Advocates:
Citation: MUSEVEKI MASYUKI vs KASYOKA MVUBI[2003] eKLR
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SUSAN WAVINYA NDALITI Vs PETER WAMBUA MUASYA[2003] EKLR | ||
| Case Number: civ case 217 of 98 | Date Delivered: 17 Jan 2003 | |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Machakos
Parties: SUSAN WAVINYA NDALITI vs PETER WAMBUA MUASYA
Advocates:
Citation: SUSAN WAVINYA NDALITI vs PETER WAMBUA MUASYA[2003] eKLR
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J K L Vs N B L[2003] EKLR | ||
| Case Number: div cause 55 of 01 | Date Delivered: 17 Jan 2003 | |
Judge: John Micheal Khamoni
Court: High Court at Nairobi (Milimani Law Courts)
Parties: J K L vs N B L
Advocates:
Citation: J K L vs N B L[2003] eKLR
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MWONGELI NTHIANI Vs EVEREST ENTERPRISES & ROBERT JOSIA MWANGI[2003] EKLR | ||
| Case Number: civ case 136 of 00 | Date Delivered: 17 Jan 2003 | |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Machakos
Parties: MWONGELI NTHIANI vs EVEREST ENTERPRISES & ROBERT JOSIA MWANGI
Advocates:
Citation: MWONGELI NTHIANI vs EVEREST ENTERPRISES & ROBERT JOSIA MWANGI[2003] eKLR
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JOSEPH MAVULU MUTUA Vs SAMUEL NJOROGE MWANGI[2003] EKLR | ||
| Case Number: civ case 364 of 98 | Date Delivered: 17 Jan 2003 | |
Judge: Roselyn Naliaka Nambuye
Court: High Court at Machakos
Parties: JOSEPH MAVULU MUTUA vs SAMUEL NJOROGE MWANGI
Advocates:
Citation: JOSEPH MAVULU MUTUA vs SAMUEL NJOROGE MWANGI[2003] eKLR
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WAMWEA V CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES [2003] EKLR | ||
| Case Number: Civil Appeal 568 of 2000 | Date Delivered: 17 Jan 2003 | |
Judge: John Micheal Khamoni
Court: High Court at Nairobi (Milimani Law Courts)
Parties: WAMWEA V CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES
Advocates:
Citation: WAMWEA V CATHOLIC DIOCESE OF MURANG’A REGISTERED TRUSTEES [2003] eKLR
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Savings And Loan Kenya Ltd V Jayanti & Jagdeep Developers Ltd & 2 Others [2003] EKLR | ||
| Case Number: Civil Application Nai.327 of 2002 | Date Delivered: 17 Jan 2003 | |
Judge: Samuel Elikana Ondari Bosire, Effie Owuor, Richard Otieno Kwach
Court: Court of Appeal at Nairobi
Parties: Savings and Loan Kenya Ltd v Jayanti & Jagdeep Developers Ltd, Jayanti A. Patel & Jagdeep L. Kotedia
Advocates:
Citation: Savings and Loan Kenya Ltd v Jayanti & Jagdeep Developers Ltd & 2 others [2003] eKLR
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Southern Credit Banking Corporation Ltd V Tulip Apartments Limited & 2 Others[2003] EKLR | ||
| Case Number: Civil Appeal 173 of 2002 | Date Delivered: 16 Jan 2003 | |
Judge: Emmanuel Okello O'Kubasu, Abdulrasul Ahmed Lakha, Moijo Matayia Ole Keiwua
Court: Court of Appeal at Nairobi
Parties: Southern Credit Banking Corporation Ltd v Tulip Apartments Limited, Lorimar Apartments Limited & Mohamed A.K. Madhani Advocate Practising as Mohamed Madhani & Co. Advocates
Advocates:
Citation: Southern Credit Banking Corporation Ltd v Tulip Apartments Limited & 2 others[2003] eKLR
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Garden Square Ltd V Kogo & Another [2003] EKLR | ||
| Case Number: Civil Case 1266 of 2002 | Date Delivered: 16 Jan 2003 | |
Judge: Aaron Gitonga Ringera
Court: High Court at Nairobi (Milimani Law Courts)
Parties: Garden Square Ltd v Kogo & another
Advocates:
Citation: Garden Square Ltd v Kogo & another [2003] eKLR
Garden Square Ltd v Kogo & another
High Court, at Nairobi January 16, 2003
Ringera J
Civil Case No 1266 of 2002
Civil Practice and Procedure – res judicata – issues in present suit directly and substantially in issue in previous suit - whether suit barred for res judicata.
Civil Practice and Procedure - consent decree - party enforcing a consent decree by filing a suit - whether such procedure proper - whether party having locus standi.
Company Law – limited liability – effect of enjoining Director of company to suit – whether contrary to principle of limited liability.
At the commencement of the hearing of the plaintiff’s application for interlocutory injunctive relief the defendants took a preliminary objection on the grounds that the suit was (i) res judicata (ii) as a mere director of the 2nd defendant no claim was sustainable against the 1st defendant (iii) the plaintiff lacked locus standi and competence to raise or sustain the issues raised in the suit (iv) the plaint and the supporting affidavit were fundamentally and incurably, defective (v) and that the plaintiff had failed to comply with the mandatory requirements of order XXXIX rule 3(3) of the Civil Procedure Rules.
Held:
1. The suit before the Court was res judicata as the same issues were directly and substantially in issue in a previously instituted suit between the same parties.
2. To enjoin the 1st defendant in the suit was a violation of the basic principle of company law that a limited liability company is a distinct and separate entity from it’s shareholders and directors.
3. As the plaintiff’s grievance was partly rooted in the alleged noncompliance or violation of a consent order recorded between it and the
2nd defendant the plaintiff had locus standi to ventilate the said grievance.
4. Even if paragraph 10 of the plaint did not strictly comply with the provisions of order VIII rule 1(e), such non-compliance would not have been fatal to the suit as it was capable of being cured by an amendment.
5. Whether or not the application and order had been served on the defendants within the time limited by order XXXIX rule 3(3) would not defeat the suit or the application.
Preliminary objection overruled
Cases
No cases referred to.
Statutes
1. Civil Procedure Rules (cap 21 Sub Leg) order V; order VIII rule 1(e); order XVIII rule 3(1); order XXXIX rule 3(3)
2. Civil Procedure Act (cap 21) sections 6, 7
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BEN KAMARA Vs THE HON. THE ATTORNEY GENERAL[2003] EKLR | ||
| Case Number: civ case 621 of 01 | Date Delivered: 16 Jan 2003 | |
Judge: Philip John Ransley
Court: High Court at Nairobi (Milimani Law Courts)
Parties: BEN KAMARA vs THE HON. THE ATTORNEY GENERAL
Advocates:
Citation: BEN KAMARA vs THE HON. THE ATTORNEY GENERAL[2003] eKLR
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