JOSEPH KAMAU MUSA,JAMES KARIUKI MUCHIRI,DAV ID MUCHIRI,RUIGU NJIRIRI,JOSEPH NJEHU BORO,MWANGI KARIGI,KIRUKI MUCHINA,MBURU MUCHINA,MBUGUA NDUGO,HANNAH W. KIBUNJA,THUTHRUIKI CO. LTD,KIMANI KAHIRO,GACOHI NJUGUNA,WANJIRU KANYOKO,S. M. NJUGUNA,DORCAS WANJ

R U L I N G

On 9th June, 1999 this Court dismissed an application filed on 4th March, 1998 by Ndungu Kiiru, Joseph Kamau Musa, James Kariuki Muchiri, Kamau Kunga, Boniface Mwangi Ndegwa and Mwangi Kiraga, on behalf of themselves and 44 other shareholders of Ereri Company Limited, those 44 not having been named. The application was for an injunction pending appeal from the judgment of the superior court (Mbito, J) delivered on 19th November, 1997.

The court said that there was "considerable disparity in the persons who gave the notice of appeal and those who filed the notice of motion; that there was also variance with the plaintiffs in the amended plaint". Having said so this Court concluded that that disparity and uncertainty rendered the notice of appeal filed by Ndungu Kiiru invalid. As there was no valid notice of appeal the court did not grant the injunction sought under rule 5(2)(b) of the Rules of this Court3.6 applicants are now before me seeking leave to lodge their notice of a…