STEPHEN MBUGUA MWAGIRU & STEPHEN MBUGUA MWAGIRU V. TATU CITY LIMITED

RULING OF THE COURT

The parties herein are embroiled in a multiplicity of suits both before this court and in the High Court. Two such matters were Winding Up Causes Nos. 29 and 30 of 2010 before the High Court, filed by Stephen Mbugua Mwagiru and Rosemary Wanja Mwagiru (the applicants).

Both petitions were seeking winding up orders in respect of two companies in which the applicants are minority shareholders. These are Tatu City (the respondent), and Kofinaf Company Limited, a sister company.

Both suits were consolidated and heard together culminating into the “Ruling” of Musinga, J (as he then was) dated 18^th January, 2013. Following delivery of the said “Ruling”, the applicants filed two separate notices of appeal, one in winding up cause No. 29 of 2010 and the other in winding up cause No. 30 of 2010.

Shortly thereafter, the applicants filed before this Court, Civil Application No. 189 of 2013 and Civil Application No. 190 of 2013 which were basically seeking similar orders. Since the…