The Plaintiff/Decree-Holder in the application dated 12.04.2023 seeks to examine the directors of Defendant/Judgment-Debtor on the means of the Defendant to satisfy the debt. The Defendant opposes the application but admits that it is still indebted to the Plaintiff. The court is empowered to allow examination of directors of a company as to the means of the Company to satisfy the debt under Order 22 rule 35 of the Civil Procedure Rules. As to whether the decree should be executed against the directors, the issue will be determined once the directors are examined on the business of the Company.
The application dated 12.04.2023 is allowed in terms of Prayer No. 2 on terms that Summons shall issue to PETER KIARIE MURARA and JOYCE SUE WACHEKE MURAYA to be examined on a date fixed on the means of the Defendant to satisfy the judgment debt and in that regard they are directed to supply to the court and the Plaintiff the Defendants books of account and other documentary evidence. The other prayers in the application shall be determined upon oral examination of the Directions. Costs in the cause.
The matter shall be mentioned on 16.06.2023 for directions.
DATED and DELIVERED at NAIROBI this 20th day of APRIL 2023
D. S, MAJANJA
JUDGE