RULING
The applicant, Nicholas Mahihu Muriithi, sued Ndima Tea Factory Limited and Francis Njogu Gathu, the respondents, in the superior court seeking, among other reliefs, an injunction against both the respondents, their agents, servants, officers and employees restraining them from barring the applicant from
“ participating in all the business and proceedings of Ndima Tea Factory Limited or carrying out his duties in the office of Director representing the Kaguyu Electoral Area”.
Together with the plaint, the applicant filed an application under O.XXXIX rule 1 on the same terms, as above. The application was served on the respondents and later argued, inter partes, before Sitati J.
In a ruling delivered on 3rd April 2009, the learned judge dismissed that application on the ground that during his nomination to serve as a director for Kaguyu Electoral Area, there was a receiving order against him which he did not disclose, and that a receiving order had the same effect as a bankruptcy …