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Nzaku & Nzaku Advocates v Chimako Homes Limited [2021] KEELC 4140 (KLR)

[2021] KEELC 4140 (KLR) Environment & Land Court
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Court
Environment & Land Court
Case number
4140
Citation
[2021] KEELC 4140 (KLR)
Decided
11 February 2021
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeApplication for Enforcement of DecreePostureApplication grantedCoramL. KOMINGOI
The application is granted, and the directors are to be summoned to be examined on the assets and means of the company to settle the decretal sum.

Facts

The applicant, Nzaku & Nzaku Advocates, seeks to summon the directors of the judgment debtor, Chimako Homes Limited, to be examined on the assets and means of the company to settle the decretal sum of Kshs.2,788,080.00 and interest.

Issues

  • Summoning of directors to be examined on the assets and means of the company
  • Lifting of veil of incorporation to hold directors personally liable

Reasoning

The court finds that the applicant has satisfied the court that the directors of the respondent ought to be summoned to appear before the court to be examined on the assets and means of the company to settle the decretal sum.

Outcome

Application granted

Orders

  • Directors of Chimako Homes Limited to be summoned and examined on the assets and means of the company to settle the decretal sum

Remedies

  • Directors to be personally liable and ordered to settle the decretal sum

Authorities cited

Legislation (2)
  • Companies Act 2015
  • Civil Procedure Rules 2010
Cases cited (3)
  • Masefield Trading (K) Ltd vs Rushmore Co. Ltd & Another [2008] eKLR
  • Post Bank Credit Ltd (in liquidation) vs Nyamangu Holdings Limited [2015] eKLR
  • Jiang Nan Xiang v Cok Fas-St Company Limited [2018] eKLR
⚠ 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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