1. The application dated 21st September 2021 is allowed as prayed, in so far as I hereby lift the corporate veil of the Company (Monaco Engineering Co. Limited). The respondent/client’s Directors, that is, Messrs Stanley Njogu Hosea Karari and Peter Macharia Gachoki shall be held personally liable to satisfy the decree.
2. I take note of the fact that a consent dated 29th June 2023 was adopted by this Court on 25th April 2024, as an order of the Court, but so far, the decretal amount has not been fully paid, despite the judgment debtor (client) having had about 2½ years since the date of the said consent, to pay the sum of Kshs.1,500,000/=.
3. Due to the non-payment of the full decretal sum, the decree holder (Advocate) prosecuted its application dated 24th September 2021, which led to this Court issuing directions for Directors of the respondent to attend Court today to be examined and cross-examined. Such a process is however only possible if the said Directors had supplied the decree holder’s Advocates with the books of audited accounts, statement of accounts, cheques books and all other documents relating to the financial affairs of the company for the period between 2018 to 24th September 2021, but that was not complied with.
4. Litigation has to come to an end at one time or the other, and this matter that was filed in the year 2019 cannot continue being mentioned endlessly.
5. This case file will be closed.
It is so ordered.
DELIVERED, DATED and SIGNED at NAIROBI on this 24th day of February 2026. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Ms Kimathi for the decree holder/Advocate/applicant
Mr. Rukwaro h/b for Mr. Kimani for the client/judgment debtor
Ms B. Wokabi – Court Assistant.
2. I take note of the fact that a consent dated 29th June 2023 was adopted by this Court on 25th April 2024, as an order of the Court, but so far, the decretal amount has not been fully paid, despite the judgment debtor (client) having had about 2½ years since the date of the said consent, to pay the sum of Kshs.1,500,000/=.
3. Due to the non-payment of the full decretal sum, the decree holder (Advocate) prosecuted its application dated 24th September 2021, which led to this Court issuing directions for Directors of the respondent to attend Court today to be examined and cross-examined. Such a process is however only possible if the said Directors had supplied the decree holder’s Advocates with the books of audited accounts, statement of accounts, cheques books and all other documents relating to the financial affairs of the company for the period between 2018 to 24th September 2021, but that was not complied with.
4. Litigation has to come to an end at one time or the other, and this matter that was filed in the year 2019 cannot continue being mentioned endlessly.
5. This case file will be closed.
It is so ordered.
DELIVERED, DATED and SIGNED at NAIROBI on this 24th day of February 2026. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Ms Kimathi for the decree holder/Advocate/applicant
Mr. Rukwaro h/b for Mr. Kimani for the client/judgment debtor
Ms B. Wokabi – Court Assistant.