Case ID:163102

John Mugambi t/a Mugambi & Company Advocates & another v Showcase Properties Limited [2020] eKLR

Case Metadata

Case Number:

Insolvency Petition E172 of 2019

Parties:

John Mugambi t/a Mugambi & Company Advocates & Beatrice Kariuki t/a Beatrice Kariuki & Associates v Showcase Properties Limited

Date Delivered:

24 Aug 2020

Case Class:

Civil

Court:

High Court at Nairobi (Milimani Commercial Courts Commercial and Tax Division)

Case Action:

Ruling

Judge(s):

David Amilcar Shikomera Majanja

Citation:

John Mugambi t/a Mugambi & Company Advocates & another v Showcase Properties Limited [2020] eKLR

Advocates:

Ms Muthama instructed by Odhiambo, Talam and Company Advocates for the petitioners

Mr Mungai instructed by Mungai Kalande and Company Advocates for the Company

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Advocates:

Ms Muthama instructed by Odhiambo, Talam and Company Advocates for the petitioners

Mr Mungai instructed by Mungai Kalande and Company Advocates for the Company

History Advocates:

Both Parties Represented

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

THE HIGH COURT OF KENYA

AT NAIROBI

COMMERCIAL AND TAX DIVISION

CORAM: D. S. MAJANJA J.

INSOLVENCY PETITION NO. E172 OF 2019

IN THE MATTER OF THE INSOLVENCY ACT, 2015

AND IN THE MATTER OF

SHOWCASE PROPERTIES LIMITED

BETWEEN

JOHN MUGAMBI T/A

MUGAMBI & COMPANY ADVOCATES ..……...... 1

ST

PETITIONER

BEATRICE KARIUKI T/A

BEATRICE KARIUKI & ASSOCIATES ………….2

ND

PETITIONER

AND

SHOWCASE PROPERTIES LIMITED …………....... RESPONDENT

RULING

1. This petition has been brought by the petitioners on the ground they have a judgment and decree in their favour for Kshs. 28,063,325.00 in

MILIMANI HC COMM NO. 436 OF 2017; JOHN MUGAMBI T/A MUGAMBI & COMPANY ADVOCATES AND BEATRICE KARIUKI T/A BEATRICE KARIUKI & COMPANY ADVOCATES V SHOWCASE PROPERTIES LIMITED

.

2. The Company now seeks stay of the petition or further proceedings on the ground that it has now applied to set aside the default judgment entered against it in

HC COMM NO. 436 OF 2018

. The judgment has now been set aside by a ruling dated 24

th

August 2020 hence the debt, which is based on a retainer agreement, is disputed.

3. This court has discretion to dismiss or stay the petition in such circumstances. Since liability for payment of fees under the retainer agreement is not disputed, I propose to stay the petition.

4. I allow the Notice of Motion dated 28

th

May 2020 and order that this petition be stayed pending hearing and determination of

HC COMM NO. 436 OF 2018

or further orders of the court. The petitioners are at liberty to apply for further orders. Costs in the cause.

DATED

and

DELIVERED

at

NAIROBI

this

24

th

day of

AUGUST

2020.

D. S. MAJANJA

JUDGE

Court Assistant: Mr. M. Onyango.

Ms Muthama instructed by Odhiambo, Talam and Company Advocates for the petitioners.

Mr Mungai instructed by Mungai Kalande and Company Advocates for the Company