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S.K. MACHARIA & MADHUPAPER INTERNATIONAL LTD v. SAMUEL NJOROGE MUCHIRI, WILLIAM WOKABI KARANJA & JOSEPH MUNORU MUTURI

(2007) JELR 94188 (CA)

Court of Appeal  •  Civil Appli 218 of 2006  •  9 Feb 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

RULING OF THE COURT

By their notice of motion dated 10th August, 2006, the applicants seek two substantive orders under rule 5(2) (b) of the rules of this Court, as follows: -

“1. That there be a stay on (sic) the order made on 6th March, 2006 winding up Madhupaper International Ltd. pending the lodging and hearing of the applicants’ intended appeal.

2. That there be a stay of all other further proceedings in Milimani High Court Winding Up Cause No. 12 of 1995 pending the lodging and determination of the applicants’ intended appeal.”

The brief background to the application is this: -

The three respondents went before the superior court, sitting as a Winding up Court, on 27th March, 1995 and instituted a Winding up Petition against M/S. Madhupaper International (Kenya) Ltd (hereinafter “the company”) which was incorporated in 1976. They contended that they were minority shareholders of the Company whilst the 1st applicant was the principal or majority shareholder and the Company’s Director …

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