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STEPHEN KIPKATAM KENDUIYWA & 6 ORS.
V.
ISMAIL GULAMALI & 3 ORS.

(2010) JELR 96498 (CA)

Court of Appeal 30 Jul 2010 Kenya
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Case Details

Suit Number:Civil Application 118 of 2010
Judges:Philip Nyamu Waki
Location:Mombasa
Other Citations:Stephen Kipkatam Kenduiywa & 6 Others v. Ismail Gulamali & 3 Others [2010] eKLR

 RULING

On 3rd June, 2010, I declined to certify the notice of motion dated 19th May, 2010, as urgent as I found no reason to stop all other scheduled activities of this Court to deal with the matter, which in my view is the essence of urgency.

The applicant now returns before me under rule 47 (5) of the Rules of this Court, seeking to persuade me in the presence of the other party, that the matter is indeed urgent. Both parties appeared before me on 14th July, 2010 and made submissions on the matter.

The dispute between the parties in the superior court relates to the shareholding and therefore, control of a company known as Kapchebet Tea Factory Limited. The allegation is that some of the defendants stole or otherwise unlawfully took the shares of one of the plaintiffs thereby wrestling from those plaintiffs the right to appoint the secretary of the company. The Registrar of Companies appears to have conceded that there were some unlawful dealings in the company hence the suit in th…

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