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Murita Coffee Estate Ltd v. Attorney- General and Mbwanju Ltd

(1979) JELR 98806 (CA)

Court of Appeal  •  Civil Appeal 32 of 1978  •  10 Aug 1979  •  Kenya

Coram
Chunilal Bhagwandas Madan, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram:Madan, Miller and Potter JJ A)

CIVIL APPEAL NO 32 OF 1978

Between

MURITA COFFEE ESTATE LTD ................APPELLANT

AND

ATTORNEY- GENERAL ..........................RESPONDENT

MBWANJU LTD.......................................RESPONDENT

JUDGMENT

Madan JA The appellant, a limited liability company, was incorporated in Kenya on 24th December, 1957 with a nominal capital of Shs 100,000 divided into 5000 shares of Shs 20 each the whole capital being issued and paid up.

One Douglas Leonard Bessant was a director of the company as well as the registered holder of 4999 shares.

On 24th July 1959, the company purchased a coffee farm at Kiambu (land reference No 5999). In July 1967 the Registrar of Companies struck the name of the company off the register of companies, pursuant to section 339(5) of the Companies Act. At that time the farm was mortgaged under a duly registered first legal mortgage dated 17th January 1964 to trustees of the mortgagee to secure Shs 700…

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