Newton Ombuni v Picasso Chemicals Limited [2015] KEHC 4073 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MILIMANI COMMERCIAL & ADMIRALTY DIVISION

MISCELLANEOUS CAUSE NO. 12 OF 2014

IN THE MATTER OF PICASSO CHEMICALS LIMITED

AND

IN THE MATTER OF THE COMPANIES ACT (CAP 486 OF THE LAWS OF KENYA)

AND

IN THE MATTER OF AN APPLICATION TO RESTORE PICASSO CHEMICALS  LIMITED’S NAME TO THE REGISTER OF COMPANIES UNDER SECTION 339 OF THE COMPANIES ACT.

NEWTON OMBUNI    :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PLAINTIFF

VERSUS

PICASSO CHEMICALS LIMITED :::::::::::::::::::::::::::::::::::::::::: DEFENDANT

R U L I N G

The application before the court is a Chamber Summons dated 16th December 2014 and filed in court on 12th January 2015 by the Petitioner/Applicant. The application is filed under Rule 10 of the companies (High Court) Rules and seeks that this court give direction on how the Petition filed herein will be heard.

The application is premised on the grounds set out therein, and is supported by the affidavit of Newton Ombuni sworn on 18th December 2014.

The Applicant’s case is that Picasso Chemicals Limited was dissolved on 13th November 2012 vide Kenya Gazette Notice NO. 16681 published on 16th November 2011 edition of the Kenya Gazette. At the time of dissolution the Petitioner had a pending claim against the company whose cause of action was a work injury he sustained while working for Picasso Chemicals Limited. The dissolution will occasion a serious injustice to the Petitioner unless the company is restored to the Register of Companies, and it is fair and just to restore Picasso Chemicals Limited to the Register of Companies.

I have considered the application which is not opposed.  I direct that the Petition filed herein shall proceed by way of viva voce evidence.

The costs of this application shall be in the cause.

Orders accordingly.

READ, DELIVERED AND DATED AT NAIROBI

THIS 12TH DAY OF JUNE 2015

E. K. O. OGOLA

JUDGE

PRESENT:

Mr. Macharia holding brief for Mutai for the Plaintiff

No appearance for the Defendant

Teresia – Court Clerk