The application dated 11.04.2023 is struck as the matter ought to be commenced by way of plaint and not application. The issues that the Applicant seeks to litigate involve trusts and unpaid dividends and are therefore weighty matters. Further, if the application is granted as it is, there will be nothing further to determine as it appears from the application that the Applicant seeks interim relief.
The Respondent is awarded costs assessed at Kshs. 20,000.00.
DATED and DELIVERED at NAIROBI this 6th day of NOVEMBER 2023
D. S. MAJANJA
JUDGE