MARTHA WANGARI KINUTHIA v KENYA FARMERS BANK LTD [2008] KEHC 924 (KLR)
- Court
- High Court of Kenya
- Case number
- 924
- Citation
- [2008] KEHC 924 (KLR)
- Decided
- 16 May 2008
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a lower court decisionCoramJ. L. A. OSIEMO
Holding
The plaintiff's application is allowed in terms of prayers 1, 2 and 3 of the Notice of Motion dated 11th October 2007.
Facts
The plaintiff was employed by the defendant performing managerial duties, including acting as General Manager, but was not remunerated for the additional duties. The defendant was struck off the register of companies during the pendency of the suit.
Issues
- Whether the plaintiff's application to restore the defendant to the register of companies should be granted.
- Whether the plaintiff should be awarded the sum of Sh. 17,695,000 as claimed.
Reasoning
The defendant company was struck off the register during the pendency of the suit, and the law requires the plaintiff to apply for the company's restoration to enable the plaintiff to prosecute and complete her suit.
Outcome
Appeal allowed
Orders
- The defendant company be restored to the register of companies for the purpose of prosecuting the suit.
Remedies
- Restoration of the defendant company to the register of companies.
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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