YUSSUF ABDI ADAN V. HUSSEIN AHMED FARAH, HUSSEIN UNSHUR MOHAMMED, MOHAMED ABDIKADIR ADAN & BLUEBIRD AVIATION LIMITED

JUDGMENT OF THE COURT

1. By a petition dated 9^th March, 2016, Yussuf Abdi Adan (the petitioner) sought, inter alia, a winding up order against Bluebird Aviation Limited (the Company), which was incorporated on 29^th May, 1992. The petitioner, who is the appellant in this appeal, is a director of the company with a 25% shareholding.

2. The petition was brought under the repealed Companies Act Cap 486 as read with sections 381 and 734(1) and (2) of the Insolvency Act No. 18 of 2015.

3. The appellant alleged, inter alia, that since the incorporation of the Company it had not held any general meeting; that he had been excluded from the management of the company; and that he had never received any dividend as a shareholder of the company.

4. The Company and the other three directors opposed the application and each one of them filed an application seeking to strike out the petition on various grounds. The common ground in each of the four applications was that the petition was seeking reliefs a…