NORTH KISII CENTRAL FARMERS LIMITED V. JEREMIAH MAYAKA OMBUI, PATRICK ONDIEKI ONCHOKE,LEONARD NYABANDO, PRISCILLAH SIGARA OMARIBA & ASKAH TUNANGI

JUDGMENT OF THE COURT

By a plaint filed at the High Court of Kenya, Eldoret, on 20^th July, 2000 the appellant North Kisii Central Farmers Limited (“the plaintiff”) sued the respondents, amongst others (“the defendants”), in a claim where the three prayers set out were for a permanent injunction restraining the defendants from running the affairs of the plaintiff, general damages and costs. It was alleged in the plaint that the defendants had set themselves out as officials or directors of the plaintiff and were collecting money from shareholders of the plaintiff without authority thus hampering company operations; that the defendants had never been elected as officials of the plaintiff; that the defendants had ignored the various demands for them to desist from the said activities and that the defendants said activities were fraudulent and the plaintiff was in the event entitled to compensation.

A statement of defence was duly presented on behalf of the defendants where the plaintiff's …