Njuguna & another v Wanjohi & 8 others [2022] KEHC 12205 (KLR)

Njuguna & another v Wanjohi & 8 others (Civil Case E004 of 2020) [2022] KEHC 12205 (KLR) (16 June 2022) (Ruling)

Neutral citation: [2022] KEHC 12205 (KLR)

Republic of Kenya

In the High Court at Kiambu

Civil Case E004 of 2020

MM Kasango, J

June 16, 2022

Between

Joseph Njuguna

1st Plaintiff

Francis Njenga Kamau

2nd Plaintiff

and

Geoffrey Ndungi Wanjohi

1st Defendant

Edward Gitau Gateyu

2nd Defendant

Daniel Kamau Macau

3rd Defendant

Pauline Wanjiku Wangai

4th Defendant

Leonard Mbiu Wagacha

5th Defendant

Francis Munyinyi

6th Defendant

Esther Njeri

7th Defendant

Mary Wangarai Kangethe

8th Defendant

Kikuyu & Chura Trading Co Ltd

9th Defendant

Ruling

1. The plaintiffs filed this action seeking declaratory Orders:-That they are the validly elected directors of the 9th defendant company;a.That the 1st to 8th defendants be compelled to execute and present documents of their cessation of being directors of 9th defendant company;b.An order of inunction restraining 1st to 8th defendant from performing functions of directors of 9th defendant company; andc.An order directing 1st to 8th defendant to hand over to the plaintiff original documents owned by 9th defendant company.

2. On November 16, 2020 this court ordered the freezing of 9th defendant’s bank accounts.

3. On would have expected the plaintiffs to expend their energy thereafter to ensure the main suit is heard and determined, but instead the plaintiff filed an application amended on March 19, 2021.

4. The plaintiffs by that application seek the continued freezing of the bank account and for injunction to stop 1st to 8th defendant collecting rent of 9th defendant company.

5. The only order that commends itself to me is the order continuing to fresh the bank account. The court declines to grant the other prayer for injunction. This is because to grant those other orders is tantamount to determining the main suit at interlocutory stage. I order that the parties begin to prepare for the full trial of this case.

Disposition 6. The ruling of this court in respect to the amended notice of motion filed in court on April 1, 2021 is:-a.Prayer No. 3 of that application is granted as prayed.b.The parties are ordered to prepare their respective cases for trial.c.No further applications will be filed by any party hereof without the leave of the court.d.The costs of the application shall be in the cause.e.At the reading of this Ruling a pre-trial date shall be fixed.

RULING DATED and DELIVERED at KIAMBU this 16th day of JUNE, 2022. MARY KASANGOJUDGECoram:Court Assistant MouriceFor the Plaintiffs: Mr. WachiraFor the 1st Defendants : N/ACOURTRuling delivered virtually.MARY KASANGOJUDGE