Republic v Registrar of Companies Interested Party Embakasi Ranching Co. Ltd Exparte James Banga Yancan & 6 others [2013] KEHC 2175 (KLR)
- Court
- High Court of Kenya
- Case number
- 2175
- Citation
- [2013] KEHC 2175 (KLR)
- Decided
- 27 September 2013
The court declines to quash the AGM as it is clear that the Company had not held an AGM for two years preceding the order. The re-opening of the AGM would propagate further disputes to the detriment of the Company and its shareholders.
Facts
The Annual General Meeting of Embakasi Ranching Company Limited had not been convened for two years. The Registrar of Companies was ordered to convene the AGM, which was held on 14th May 2013.
Issues
- Whether the AGM was conducted procedurally
- Whether the court should consider the merits of the decision
Reasoning
The court considers the material before it and resolves the issue at hand. The court declines to quash the AGM due to the substantial majority of shareholders not being party to the suit and the Company's expectation to hold another AGM in the future.
Outcome
The Notice of Motion dated 28th May 2013 is dismissed with costs to the respondent and interested party.
Authorities cited
Cases cited (3)
- Republic v Judicial Service Commission ex-parte Pareno [2004] 1 KLR 203 - 209
- Sanghani Investment Limited v Officer in Charge Nairobi Remand and Allocation Prison [2007] 1 EA 354
- Republic v Minister of Agriculture & 2 Others Ex Parte Equatorial Nuts Processors Limited & 3 Others, Nairobi HC Misc. Appl. JR No. 368 of 2010 [2013] eKLR
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