JOHN KIPKEMBOI KILEI V. WILFRED RUTHO NJERU AS INTERIM LIQUIDATOR OF LAKESTAR INSURANCE COMPANY LIMITED

RULING OF THE COURT

This is an application under rule 5 (2) (b) of the Court of Appeal Rules for an injunction and stay of proceedings pending the hearing and determination of an intended appeal.

On 27^th June, 2003 the superior court (Mutungi, J) issued an order winding up Lakestar Insurance Company Ltd (the Company) following the hearing of a Petition in Winding Up Cause No. 21 of 2003, and appointed Wilfred Ritho Njeru, the respondent herein, as the interim liquidator with effect from 30^th June, 2003. Pursuant to the aforesaid order, the respondent assumed all legal responsibilities of the Company, including management, settlement of debts and liquidation of assets.

The applicant, who calls himself a “contributor and shareholder” of the Company sought from the interim liquidator certain accounts and liquidation reports especially in connection with the sale of the Company’s two properties, namely L. R. No. 209/13453 and L. R. No. 1899/3, which he claimed had been sold at an undervalued…