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Lucy Wanjiru Njunge & 2 others v Job Mwangi Macharia & 9 others [2005] KEHC 1451 (KLR)

[2005] KEHC 1451 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
1451
Citation
[2005] KEHC 1451 (KLR)
Decided
17 June 2005
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from a previous ruling striking out the suitCoramD. MUSINGA
Holding

The plaintiffs' suit is struck out with costs to the 1st, 5th and 10th defendants

Facts

The plaintiffs filed a suit against the defendants, who are directors of a company, alleging that the company's annual general meeting was not held in a suitable venue and that the announcement of the meeting was illegal.

Issues

  1. Whether the plaintiffs' complaints are justiciable
  2. Whether the plaintiffs' verifying affidavits are false
  3. Whether the plaintiffs' suit is sustainable

Reasoning

The court found that the plaintiffs' complaints were non-justiciable and that their verifying affidavits were improper and bad in law.

Outcome

The plaintiffs' suit is struck out with costs

Orders

  • The plaintiffs' suit is struck out with costs to the 1st, 5th and 10th defendants

Authorities cited

Cases cited (2)
  • JAMES ORINA & ANOTHER VS KENYA TEA DEVELOPMENT AGENCY & ANOTHER C. A. Civil Application No. NAI 22 of 2004 at Nairobi (unreported)
  • HCCC No. 142 of 2005
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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