Republic v Registrar of Companies & another Ex parte Prakla East Africa Limited; Prakla Bohrtecknic GMBH (Interested Party) [2021] KEHC 5367 (KLR)
- Court
- High Court of Kenya
- Case number
- 5367
- Citation
- [2021] KEHC 5367 (KLR)
- Decided
- 28 June 2021
The Court granted leave to the Applicant to apply for an order of certiorari to quash the Respondents' decision to dissolve the Applicant's Company name and an order of mandamus compelling the Respondents to reinstate the Applicant's Company as duly registered.
Facts
The Applicant, Prakla East Africa Limited, sought leave to commence judicial review proceedings against the Registrar of Companies and the Attorney General, alleging that the Respondents acted unprocedurally by giving notice of change of name to the Applicant 5 years after the Applicant's Company was incorporated.
Issues
- Whether the Registrar of Companies acted unprocedurally in giving notice of change of name to the Applicant 5 years after the Applicant's Company was incorporated.
- Whether the matter is suitable for judicial review rather than being heard in the Commercial & Admiralty Division of the High Court.
Reasoning
The Court considered the applicability of judicial review and the relevant factors for granting leave. The Court found that the matter falls within the ambit of the Companies Act and is not suitable for judicial review.
Outcome
Leave granted
Orders
- Order of certiorari to quash the Respondents' decision to dissolve the Applicant's Company name.
- Order of mandamus compelling the Respondents to reinstate the Applicant's Company as duly registered.
Remedies
- Quashing of the Respondents' decision to dissolve the Applicant's Company name.
- Reinstatement of the Applicant's Company as duly registered.
Authorities cited
Legislation (2)
- Companies Act, 2015
- Civil Procedure Rules
Cases cited (2)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, (1998) eKLR
- FRM (EA) Packers Limited v Inspector General of Police & another; Kenya Breweries Limited & Another (Interested Parties) [2019] eKLR
Loading judgment…