ABDUL RAZAK KHALFAN & ANOTHER V PINNACLE LIFE & GENERAL ASSURANCE COMPANY LTD V PINNACLE TOURS & TRAVEL LTD & ANOTHER [2009] KEHC 823 (KLR)
- Court
- High Court of Kenya
- Case number
- 823
- Citation
- [2009] KEHC 823 (KLR)
- Decided
- 14 October 2009
The appeal is dismissed. The non-executive directors of the 1st defendant are ordered to attend court for cross-examination. The 2nd defendant, as managing director, is also ordered to attend court for cross-examination.
Facts
The plaintiffs sought the attendance of the directors of the 1st defendant for cross-examination on the assets and means of the 1st defendant company to satisfy a decree issued in the plaintiffs' favor. The 1st defendant appealed, arguing the Deputy Registrar failed to consider material averments and submissions.
Issues
- Whether the 1st defendant established sufficient grounds to upset the decision of the Deputy Registrar regarding the attendance of directors for cross-examination.
- Whether the 2nd defendant, as managing director, should have been required to attend court for cross-examination.
Reasoning
The court found merit in the claim that the requirement for directors to attend court for cross-examination is not predicated on the company having prepared documents to establish its inability to settle the decree. The 2nd defendant, as managing director at the time the debt was incurred, cannot raise the plea that she is no longer a director.
Outcome
Appeal dismissed
Orders
- Non-executive directors of the 1st defendant to attend court for cross-examination.
- 2nd defendant, as managing director, to attend court for cross-examination.
Remedies
- Costs of the appeal to be awarded to the plaintiffs.
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (1)
- Nairobi HCCC No. 1287 of 2000 Ultimate Laboratories vs Tasha Bioservice Ltd (unreported)
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