SAMUEL GITHITU & MWANGI WA NG'ARU V. DUNCAN NYAGA KARIUKI

JUDGMENT OF THE COURT

This is an appeal from the decision of Ole Keiwua J given on 1st August, 1995, by which the learned Judge dismissed with costs, an application filed by Samuel Githitu and Mwangi Ng'aru (the appellants) to set aside an ex parte judgment and decree issued against them on 3rd May, 1995. The application was made pursuant to Order 9B of the Civil Procedure Rules.

Duncan Nyaga Kariuki (the respondent) and the appellants were shareholders and directors in a company called Kirinyaga Printing Press Limited (hereinafte r called "the Company") . The respondent was the minority shareholder. In 1991, he felt the appellants were running the company in a manner oppressive to him and presented a petition in the superior court seeking all manner of reliefs but not including the winding up of the company.He sought orders reinstating him as a shareholder and member of the company; that his exclusion from the running of the affairs of the company was ultra vires; that the company do d…