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JudgmentMARK FRANCIS MOSETI AND DANIEL OGINGA OYUGI AND 1 Others VS JAMES NDERITU GATUA AND NJERERA LEAH NDIA AND 7 Others1 min read

MARK FRANCIS MOSETI AND DANIEL OGINGA OYUGI AND 1 Others VS JAMES NDERITU GATUA AND NJERERA LEAH NDIA AND 7 Others

High Court at Milimani High Court · · Njoroge Benjamin K.

1. The application before the Court is dated 16th July, 2026. It seeks interim orders as set out in the application.
2. The Court has heard Mr. Odhiambo for the Plaintiff/Applicant in support of the urgency herein.
3. The Court has also heard Mr. Ochieng who appears for the Respondent.
4. The issues raised by Mr. Odhiambo on behalf of his client are substantial. He submits that his clients received a Notice that was contrary to the Companies Act. That the Notice was less than 21 days. It is also said that there is no Agenda for the Annual General Meeting.
5. The Court having considered the submissions is for the view that the grounds upon which the application is made are substantial as to require a response. If the Annual General Meeting takes place, the application will be defeated.
6. The Court certifies the application as urgent.
7. The Court grants an interim order in terms with prayer No. (1) of the application dated 16th July, 2026.
8. The Respondent to file a Replying Affidavit within 14 days.
9. The Applicant to file a Further Affidavit (if any) and submissions within 14 days.
10. The Respondent to file submissions within 14 days thereafter.
11. Highlighting of submissions on 24th September, 2026. Parties to comply with the Court directions strictly.
DATED, SIGNED AND DELIVERED AT MILIMANI THIS 21ST DAY OF JULY, 2026.
NJOROGE BENJAMIN K.
JUDGE

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