Case ID:175484

Alcon Holdings Limited v Kenya Commercial Bank Limited; Alka Roshanlal Harbanslal Sharma (Interested Party/Applicant) [2021] eKLR

Case Metadata

Case Number:

Civil Case 1766 of 2000

Parties:

Alcon Holdings Limited v Kenya Commercial Bank Limited; Alka Roshanlal Harbanslal Sharma (Interested Party/Applicant

Date Delivered:

11 May 2021

Case Class:

Civil

Court:

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

Case Action:

Ruling

Judge(s):

Francis Tuiyott

Citation:

Alcon Holdings Limited v Kenya Commercial Bank Limited; Alka Roshanlal Harbanslal Sharma (Interested Party/Applicant) [2021] eKLR

Court Division:

Commercial Tax & Admiralty

County:

Nairobi

Case Outcome:

Application struck out with costs

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

AT NAIROBI

COMMERCIAL & TAX DIVISION

MILIMANI LAW COURTS

HCCC NO. 1766 OF 2000

ALCON HOLDINGS LIMITED............................................................................... PLAINTIFF

VERSUS

KENYA COMMERCIAL BANK LIMITED........................................................ DEFENDANT

AND

ALKA ROSHANLAL HARBANSLAL SHARMA....... INTERESTED PARTY/APPLICANT

RULING

1. The Motion of 12

th

June 2020 by Alka Roshanlal H. Sharma seeks the following substantive order:-

[2] A review of the order herein made on 13

th

March 2020 be made, to authorize the Applicant herein ALKA ROSHANLAL H. SHARMA be enjoined in the suit herein as an interested party for purposes of effecting the Consent Order dated 8

th

November 2017.”

2. The Applicant is the Administratrix of the Estate of her Deceased husband Kultar Hanspal which claims to be a shareholder of the Plaintiff Company.

3. Without going into the merits of the Application, I would think that the following holding made by this Court today in considering the application dated 29

th

June 2020 in this very suit holds true in this matter as well:-

“That said the application faces a more unforgiving challenge. The substantive parties to this suit are the Company and the Bank. The true nature of the grievance of the Applicant is that the consent was entered without the authority of Company as there was no Board of Directors or living shareholders. That grievance in my view, belongs to the Company and although the shareholders or estates of the shareholders could feel aggrieved by the Consent, still, because of the legal distinction between a company and its owners, the person to challenge the consent is the Company. Individual shareholders acting outside the corporate entity cannot do so”

4. The application of 12

th

June 2020 is struck out with costs.

DATED, SIGNED AND DELIVERED IN COURT AT NAIROBI THIS 11

TH

DAY OF MAY 2021

F. TUIYOTT

JUDGE

ORDER

In view of the declaration of measures restricting Court operations due to the COVID-19 pandemic and in light of the directions issued by his Lordship, the Chief Justice on 17

TH

April 2020, this Ruling has been delivered to the parties through virtual platform.

F. TUIYOTT

JUDGE

PRESENT

:

Ms Wamuyu holding brief for Ngugi for the Defendant.

Kinyanjui for the Interested Party.