NICHOLAS MAHIHU V. NDIMA TEA FACTORY LTD & FRANCIS NJOGU GATHU

RULING OF THE COURT

This application is brought under rule 5(2)(b) of this Court’s rules.

The factual background which gives rise to the application is that the Applicant claims to have been nominated and elected as a director of the 1^st Respondent Company to represent the shareholders of the Kaguyu Electoral Area for 3 years.

It is common ground that the applicant in his capacity as a debtor presented to court a petition seeking a receiving order for the protection of his estate and a receiving order was issued on 2^nd September, 2004 in High Court Bankruptcy Cause 108 of 2004 (Milimani Court Nairobi). Following the grant of the receiving order, the Company Secretary wrote to the applicant on 17^th July 2008, to the effect that the position which the applicant held as a director was vacant, as a result of the grant of a receiving order against him.

On 28^th August 2008 the applicant instituted suit in the Senior resident Magistrate’s Court Karatina being Civil case Number 77 of 2008 where a…