In the application dated 18.09.2023t the Plaintiff seeks orders, inter alia, to restrain the Defendant from holding a meeting to liquidate the Company. This is not an issue that can be litigated before this court or at any rate in this matter as the court is not constituted as the insolvency court under the Insolvency Act.
The court awarded the Plaintiff Kshs. 12,500,000.00 by the ruling dated 14.06.2023 which the Defendant has since paid. The balance of the claim, which is a monetary claim, will now proceed for trial.
The application dated 18.09.2023 is dismissed with costs in the cause.
Mention on 27.10.2023 before the DR as scheduled.
DATED and DELIVERED at NAIROBI this 25th day of SEPTEMBER 2023
D. S. MAJANJA
JUDGE