RULING OF THE COURT
This is an application for leave to appeal and for stay of execution of the ruling and order of the superior court Khaminwa, J dated 15th December, 2009 in Winding Up Cause Number 10 of 2009. The application is dated 22nd December, 2009 and has been brought under Rules 5(2) (b), 39(b) 42, 43 and 47 of this Court’s Rules.
The applicant is a director and shareholder of the respondent company known as Nyakio Investments Limited.
From the record, the respondent Messrs Nyakio Investment Limited is a family business and that all went well until its founder died and left the flagship to the family members who took over the running of the company as directors and shareholders. The family set up was polygamuous and at some point in time, differences arose concerning the running of the company, among other things. The aforesaid differences triggered off the filing by the applicant of an application for the appointment of an interim liquidator and a petition for the winding up o…