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Caroline Mutwa Mwende Mwinzi & another v George Ngui Kimanzi & 4 others [2021] KEHC 665 (KLR)

[2021] KEHC 665 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
665
Citation
[2021] KEHC 665 (KLR)
Decided
16 December 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPosturePreliminary Objection DismissedCoramRACHEL NGETICH
Holding

The preliminary objection is dismissed.

Facts

The plaintiffs claim that the defendants fraudulently and irregularly revoked the allotment of 400 shares in Kasye Thau Noble Trading Limited and appointed George Ngui Kimanzi and Annah Mwale Kimanzi as directors.

Issues

  1. Jurisdiction of the High Court
  2. Irregular allotment and appointment of shares and directors

Reasoning

The court holds that the matter falls within the jurisdiction of the High Court as it is a commercial dispute. The preliminary objection lacks merit.

Outcome

Preliminary objection dismissed

Orders

  • Preliminary objection dated 22nd September 2021 is dismissed
  • Costs to the respondent

Authorities cited

Legislation (2)
  • Article 165(3) of the Constitution of Kenya 2010
  • Section 13 of the Environment and Land Court Act
Cases cited (1)
  • Mukisa Biscuits Manufacturing Co. Ltd...Vs...West End Distributors Ltd (1969) EA 696
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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