HORST KRUMEICH v MARSHALLS INVESTMENTS LTD & 3 others [2012] KEHC 4682 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT

AT NAIROBI

MILLIMANI LAW COURTS

Civil Case 1074 of 2002

HORST KRUMEICH………………........……………………..……... PLAINTIFF

VERSUS

1. MARSHALLS INVESTMENTS LTD

2. GEOFFREY CHEGE KIRUNDI

3. FRIARSWOOD LTD

4. STEEL BROTHERS & CO

(OVERSEAS INVESTMENTS) LTD………………....................….DEFENDANTS

ORIENTAL COMMERCIAL BANK LTD

formerly known asDELPHIS BANK….….APPLICANT/INTERESTED PARTY

DIRECTIONS

1.     I have now perused this file.

2.     There is an outstanding application by notice of motion dated 23rd July 2007 which seeks an order to set aside decree herein passed on 2nd February 2006 (and issued on 8th February 2006) and, in effect, a declaration that the present suit (consolidated with HCCC No. 1051 of 2002) was deemed to have been discontinued with effect from 7th December 2004.

3.     This suit and also HCCC No. 1051 of 2002 involve disputes over the management of and shareholding in limited liability companies. The suits are clearly commercial disputes within the meaning of that term to be found in the circular letter of the then Chief Justice issued in November 1997.

4.     This file is therefore transferred to the Commercial and Admiralty Division for that division to deal with any outstanding applications.

5.     The matter shall be mentioned before the Presiding/Duty Judge of that division on a date to be given at delivery of these directions.

DATED AT NAIROBI THIS 9TH DAY OF MAY 2012

H.P.G. WAWERU

JUDGE

DELIVERED AT NAIROBI THIS 9TH DAY OF MAY 2012