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TERESIA WAIRIMU KIRIMA
V.
JOHN PETER KAMAU RUHANGI & 8 ORS.

(2024) JELR 112713 (CA)

Court of Appeal 6 Dec 2024 Kenya
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- The dispute arose from the management of Kenda Investments Limited, specifically regarding the legitimacy of share increases, convening of general meetings, and notification to members; parties included original members, directors, and le

Case Details

Suit Number:CIVIL APPEAL 350 OF 2019
Judges:D.K. MUSINGA. JA S. GATEMBU KAIRU, JA J.M. MATIVO, JA
Location:Nairobi
Other Citations:[2024] KECA 1754 (KLR)

JUDGMENT

1. This is an appeal arising from the Order of the High Court of Kenya at Nairobi (Sewe, J.), made on the 27th of March 2019.

2. The dispute culminating in this appeal revolves around the running of the affairs of a limited liability company known as Kenda Investments Limited (hereinafter referred to as “the Company”). The parties herein are either directors, existing members or legal representatives to some of the original members of the Company. The genesis of the court dispute between the parties herein can be traced to a suit which was filed at the Milimani High Court Commercial Division, to wit, Civil Suit No. 529 of 2011 by the 1st to 6th respondents herein against the Company and its existing directors as of then known as Wanjau Kirima (8th respondent) and Godfrey Kibuthu (9th respondent). The suit was commenced by way of a Plaint dated 23rd November 2011.

3. It is apparent from the plaint that the Company was established sometime around 1973 by men and women who resided …

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