Endao Company Limited & 7 others v Yatich & 9 others [2025] KEHC 2548 (KLR)

Endao Company Limited & 7 others v Yatich & 9 others (Civil Case E011 of 2023) [2025] KEHC 2548 (KLR) (5 March 2025) (Ruling)

Neutral citation: [2025] KEHC 2548 (KLR)

Republic of Kenya

In the High Court at Nakuru

Civil Case E011 of 2023

PN Gichohi, J

March 5, 2025

Between

Endao Company Limited

1st Plaintiff

John Wendot A. Kibowen

2nd Plaintiff

Samuel Kandagor Chepkonga

3rd Plaintiff

Isaac Chesang

4th Plaintiff

Kipyegon Nehemiah Cherogony

5th Plaintiff

Japeth C. Kongogo

6th Plaintiff

Esleen Kobilo Kiprotich

7th Plaintiff

Edward Kiprotich Kandie

8th Plaintiff

and

Dickson Kangogo Yatich

1st Defendant

Shadrack Kipruto Cherogony

2nd Defendant

William Kipsang

3rd Defendant

Christopher Kipsetim Kimosop

4th Defendant

Charles Kimechwa Kumbelel

5th Defendant

Boigor Benjamin

6th Defendant

Yatich Hillary Chepkonga

7th Defendant

Elisha Kipkoech Cherop

8th Defendant

Bernard Kipruto Chesire

9th Defendant

The Registrar of Companies

10th Defendant

Ruling

1. The matter was coming up today for the Plaintiffs to confirm if they still wish to proceed with the applications herein.

2. It is conceded that the application dated 23/12/2024 has been overtaken by events as the Annual General Meeting (AGM) was held on 14/2/2025. It is also conceded that the application dated 28/1/2025 is moot and therefore withdrawn by the Applicants/Plaintiffs. It has been intimated to this Court that the Plaintiff’s wish to file an application to invalidate the Annual General Meeting (AGM) held on 14/2/2025.

3. The Plaintiffs therefore seek leave to file that application. Counsel for the Defendants has intimated to this Court that parties have been to the Court of Appeal this morning over an application the Plaintiffs/Applicants filed to the Court of Appeal.

4. In the circumstances this Court makes the following orders:-1. The application dated 23/12/2024 is marked as overtaken by events as the Annual General Meeting (AGM) has already been held.2. The application dated 28/1/2025 is moot and marked as withdrawn by the Plaintiffs/Applicants.3. Costs of the two applications are awarded to the Defendants/Respondents.4. This file be and is hereby marked as closed.

DATED, SIGNED AND DELIVERED AT NAKURU THIS 5TH DAY OF MARCH, 2025. PATRICIA GICHOHIJUDGEIn the presence of:Mr Kimaru for mr Muchiri for Plaintiffs/ApplicantsMr Kiage for the DefendantsRuto, Court Assistant