Case ID:174597

Malplast Industries Limited v Abdi Kani Omar &

another [2021] eKLR

Case Metadata

Case Number:

Civil Case E511 of 2020

Parties:

Malplast Industries Limited v Abdi Kani Omar & Ablun East Africa Limited

Date Delivered:

19 Apr 2021

Case Class:

Civil

Court:

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

Case Action:

Ruling

Judge(s):

Grace Wangui Ngenye-Macharia

Citation:

Malplast Industries Limited v Abdi Kani Omar &

another [2021] eKLR

Advocates:

1. Mr. Ongechi for the Defendant/Applicant

2. Mr. Mungai for the Plaintiff/Respondent

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Advocates:

1. Mr. Ongechi for the Defendant/Applicant

2. Mr. Mungai for the Plaintiff/Respondent

History Advocates:

Both Parties Represented

Case Outcome:

Notice of Motion stuck out

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

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

MILIMANI COMMERCIAL & ADMIRALITY DIVISION

CIVIL CASE NUMBER E511 OF 2020

MALPLAST INDUSTRIES LIMITED.............................................................PLAINTIFF

VERSUS

ABDI KANI OMAR................................................................................1

ST

DEFENDANT

ABLUN EAST AFRICA LIMITED......................................................2

ND

DEFENDANT

RULING

1. The overriding objective of the court is to do just and expeditious resolution of disputes. And therefore, applying the inherent powers of the court conferred on it under

Section 3A of the Civil Procedure Act

, the court is unlimited in removing anything on its way that prevents the expeditious disposal of a matter.

2. This is the situation obtaining in this case. The application by the Defendant dated 8/3/2021 seeking the transfer of the instant case to the Magistrate’s Court is one intended to waste the court’s precious time. As submitted by learned counsel, Mr. Mungai for the Plaintiff, only the High Court has powers to deal with matters under

Section 787 of the Companies Act, 2015.

That is, matters investigation of the company’s affairs. Prayer (f) in the plaint is hinged under this provision. It seeks the lifting of the 2

nd

Defendant’s veil of incorporation for purposes of executing the court’s judgment as against its officers personally in the event the 2

nd

Defendant fails to satisfy the same.

3. It follows that the Magistrate’s court has no jurisdiction to hear and determine the suit by virtue of prayer (f) in the plaint and notwithstanding other pecuniary prayers.

4. Accordingly, and for purposes of spanning the wheels of justice, the defendant’s Notice of Motion dated 8/3/2021 is hereby stuck out with no orders as to costs.

DATED AND DELIVERED AT NAIROBI THIS 19

TH

APRIL, 2021

G.W. NGENYE-MACHARIA

JUDGE

In the presence of:

1. Mr. Ongechi for the Defendant/Applicant

2. Mr. Mungai for the Plaintiff/Respondent