Pangaea Development Holdings Limited (For and on behalf of Hacienda Development Holdings Limited v Hacienda Development Limited & another; Registrar of Titles, Mombasa Central Registry(Interested Party) [2019] KEELC 4474 (KLR)
- Court
- Environment & Land Court
- Case number
- 4474
- Citation
- [2019] KEELC 4474 (KLR)
- Decided
- 28 February 2019
Summary at a glance
TypeDerivative ActionPostureApplication for Leave to File Derivative Action Struck OutCoramA. OMOLLO
The application should have been filed in the High Court and is hereby struck out with costs to the defendants and the Interested Party.
Facts
The plaintiff filed an application for leave to file a derivative action under section 239 of the Companies Act 2015, but the defendants raised a preliminary objection that the Environment and Land Court lacks jurisdiction to hear the application.
Issues
- Jurisdiction of the Environment and Land Court to hear a derivative action application
- Whether the application should have been filed in the High Court
Reasoning
The Court found that the Environment and Land Court lacks jurisdiction to hear a derivative action application, and the plaintiff's application should have been filed in the High Court.
Outcome
Application Struck Out
Orders
- Application Struck Out
Remedies
- Costs to the defendants and the Interested Party
Authorities cited
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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