Kabundu Holdings Limited & another v Kabundu & 3 others; Kabundu & 3 others (Interested Parties) [2024] KEELC 7033 (KLR)

Kabundu Holdings Limited & another v Kabundu & 3 others; Kabundu & 3 others (Interested Parties) (Environment & Land Case 649 of 1996) [2024] KEELC 7033 (KLR) (28 October 2024) (Ruling)

Neutral citation: [2024] KEELC 7033 (KLR)

Republic of Kenya

In the Environment and Land Court at Nairobi

Environment & Land Case 649 of 1996

JA Mogeni, J

October 28, 2024

Between

Kabundu Holdings Limited

1st Plaintiff

Ruth Wakonyo Kabundu

2nd Plaintiff

and

Patrick Mukiri Kabundu

1st Defendant

Jacob Mwongo

2nd Defendant

Jason Kimbui

3rd Defendant

Bishop Lawi Imathiu

4th Defendant

and

David Mugambi Kabundu

Interested Party

Jacob Mbugua Mukuongo

Interested Party

Jane Wangui Kabundu

Interested Party

Stephen Chege Kabundu

Interested Party

Ruling

1. I note that this application is about management of shareholders of Kaibundu Holdings Limited and the issue of removal of directors and assets. It is a mixed grill application that touches on family assets and which may include land. The matters are purely commercial and I direct that the file to be placed before the Deputy Registrar to be transferred to the commercial Division of the High Court since the issues that are clearly being litigated belong there.

DELIVERED, DATED AND SIGNED AT NAIROBI ON THIS 28TH DAY OF OCTOBER 2024……………………MOGENI JJUDGEIn the Virtual Presence of:Ms. Kimiti for 2nd interested PartyMs Mureithi for 1st Interested Party and 3rd Interested Party & 1st PlaintiffMr. Kabundu in person 1st defendantMs. Kariuki holding brief for Mr. Kinoti for 4th Interested PartyMs. Kahiu for 2nd PlaintiffNo appearance for 2rd, and 4th Defendant.Court assistant – Sagina……………………MOGENI JJUDGE