JOSEPHAT KIPCHIRCHIR SIGILAI V. GOTAB SANIK ENTRPRISES LTD & 4 OTHERS

JUDGMENT OF THE COURT

Josphat Kipchirchir Sigilai, the appellant, commenced Eldoret High Court Civil Case No.140 of 2002, by a plaint bearing the date 1^st August, 2002, naming Gotab Sanik Enterprises Ltd, (1^st respondent), Kiprotich Arap Chepkwony (2^nd respondent), Susan Chemtai Chepkwony (3^rd respondent), Henry Kipkemoi Chepkwony (4^th respondent) and Clara Chepkoech Chepkwony (5^th respondent) as defendants. The dispute between the parties revolves around the ownership of shares in the 1^st respondent. The appellant claims 50% of shareholding in the company and also alleges that the 3^rd, 4^th and 5^th respondents are strangers in the company. The three are respectively the wife, son and daughter of the 2^nd respondent.

In purported compliance with the provisions of O.VII rule 1(2) of the Civil Procedure Rules, the appellant swore what has been titled as “VERIFYING AFFIDAVIT” in which he has deponed as follows:

“Josphat Kipchirchir Sigilai a resident of Eldoret Municipality and of P.O. Box El…