Case Metadata |
|
| Case Number: | Civil Appeal 149 of 1995 |
|---|---|
| Parties: | Kiriko Farmers Company Limited v Ngenia Farmers Company Limited |
| Date Delivered: | 24 Sep 1996 |
| Case Class: | Civil |
| Court: | Court of Appeal at Nakuru |
| Case Action: | Judgment |
| Judge(s): | Johnson Evan Gicheru, Riaga Samuel Cornelius Omolo, Abdulrasul Ahmed Lakha |
| Citation: | Kiriko Farmers Company Limited v Ngenia Farmers Company Limited [1996] eKLR |
| Case History: | (Appeal from a decree of the High Court of Kenya at Nakuru (Mr. Justice D.M. RIMITA) dated 23rd May, 1995 IN CIVIL APPEAL NO. 56 OF 1993) |
| County: | Nakuru |
| History Docket No: | CIVIL APPEAL NO. 56 OF 1993 |
| History Judges: | David Maitai Rimita |
| History County: | Nakuru |
| Case Outcome: | Dismissed |
| Disclaimer: | The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information |
REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT NAKURU
Civil Appeal 149 of 1995
KIRIKO FARMERS COMPANY LIMITED......……..............................................................APPELLANT
AND
NGENIA FARMERS COMPANY LIMITED.....................................................................RESPONDENT
(Appeal from a decree of the High Court of Kenya at Nakuru (Mr. Justice D.M.
RIMITA) dated 23rd May, 1995
IN
CIVIL APPEAL NO. 56 OF 1993)
****************************
JUDGMENT OF THE COURT
This is an appeal against the decision of the superior court on appeal from the Principal Magistrate's Court. The only ground of appeal urged was that the trial court had no jurisdiction to hear the case. The suit was for a declaration that the plaintiff was a shareholder together with the defendant in the company and for consequential order to issue to the plaintiff its share therein. The trial court so ordered and the superior court dismissed the appeal.
We see no merit in this appeal. No reason has been shown why the trial court had no jurisdiction. None of the prayers sought was based on the Companies Act or the Registration of Titles Act. Nothing was shown to oust the jurisdiction of the trial court.
Accordingly and, for the reason above stated, the appeal fails and is dismissed with costs.
Dated and delivered at Nakuru this 24th day of September, 1996.
J.E. GICHERU
.............................
JUDGE OF APPEAL
R.S.C. OMOLO
............................
JUDGE OF APPEAL
A.A. LAKHA
...........................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR
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