KAMOTHO WAIGANJO (Suing as the Liquidator/Trustee of DAWA PHARMACEUTICALS STAFF RETIREMENT BENEFITS SCHEME (in Liquidation)V DAWA PHARMACEUTICALS LIMITED (In Receivership, ENGINEER GAKURU KANYANJA & ENGINEER GEORGE NYAGISERE (both applying as j (Civil Case 600 of 2004) [2005] KEHC 3375 (KLR) (2 March 2005)
- Court
- High Court of Kenya
- Case number
- 3375
- Citation
- [2005] KEHC 3375 (KLR)
- Decided
- 2 March 2005
The issues are to be framed and filed in Court within thirty (30) days of the orders herein, and the matter be fixed for hearing on a priority basis.
Facts
The Plaintiff, Kamotho Waiganjo, is the Liquidator/Trustee of DAWA Pharmaceuticals Staff Retirement Benefits Scheme in Liquidation. The Defendant, DAWA Pharmaceuticals Limited, is in Receivership. The Applicants, Engineer Gakuru Kanyanja and Engineer George Nyagisere, are the Receivers-Managers of DAWA Pharmaceuticals Limited.
Issues
- Declaration that the amount payable to workers under a retirement benefits scheme are preferred debts payable in priority to other debts including those of secured creditors.
- Status of H.C.C.C. 1667 of 2001 and its impact on the Originating Summons herein.
Reasoning
The application is predicated on the provisions of Order XXXVI rules 8A, 8B and 12, which allow any party to a suit by originating summons to apply for directions. The Court directs that parties formulate specific issues in relation to the matters set out in the Originating Summons and Replying Affidavit.
Outcome
The matter is fixed for hearing on a priority basis.
Orders
- Directing parties to frame specific issues in relation to the matters set out in the Originating Summons and Replying Affidavit.
- Directing parties to file the issues within thirty (30) days of the orders herein.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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