1. For determination is the application dated 8th March 2023. It seeks inter alia, to have the directors of the 1st respondent company attend court and be examined as to the means of the company to satisfy the decree in CMCC 3152 OF 2019. It also seeks to have the veil of incorporation of the 1st respondent lifted and the director and secretary made personally liable to settle the decree amounting to Kshs. 8,911,801.68 together with costs and finally, an injunctive order addressed to the respondents, from dealing with motor vehicles listed in the application.
2. I am satisfied that today’s date was served on the 1st respondent as evidenced by the affidavit of service sworn on 9th December 2024. Having failed to appear for examination, prayer 2 of the application is spent. Noting that no response has been filed to the application, it would appear that the same is not opposed.
3. As such, I allow prayers 2, 3, 4, 5 and 6 as prayed, with costs. The matter is then marked as settled and the file closed.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 10TH DAY OF DECEMBER 2024.
F. MUGAMBI
JUDGE