UNICONSULT (KENYA) LIMITED V. ANASTASIA WANGECI MBAU

RULING OF THE COURT

This is an application under Rule 5 (2) (b) of the Court of Appeal Rules (“the Rules”) for stay of proceedings pending the hearing and determination of an intended appeal.

The respondent, Anastacia Wangeci Mbau, is the personal representative and administrator of the estate of her late husband Engineer Paul Mbau (“the deceased”). The deceased died on 29^th August, 2005. At that time he was the equal and only other shareholder of the appellant company, Uniconsult (Kenya) Limited (“the company”). He owned 75,000 fully paid shares, while his co-shareholder and director owned the other half. The company’s nominal capital was Kshs.3 million, divided into 150,000 shares of Kshs.20 each. Some three weeks before the deceased passed away, and because of his failing health, his wife, the respondent, was appointed a director of the company. Upon his death on 29^th August, 2005, the respondent obtained a grant of letters of administration to his estate. She is the sole surviving b…