Background and Introduction
1. The Originating Summons dated 1st April 2025 was brought pursuant to Sections 1A, 1B and 3A of the Civil Procedure Act, as well as Order 37 Rule 1(a) and (f) of the Civil Procedure Rules. The applicant seeks orders approving the transfer of shares in the listed companies by the respondents to the late Vinechand Khimji Shah (“VKS”).
2. Further, the applicant prays that the respondents be compelled to execute all necessary instruments to effectuate the transfer of the said shares to VKS or his estate within fourteen (14) days of the issuance of this order, failing which the Executive Officer or such other duly authorized officer of this Court shall be empowered to execute the requisite documents on their behalf. The applicant also seeks that the Registrar of the respective companies facilitate the immobilization of the shares in favour of VKS or his estate.
Analysis and Determination
3. It is not in dispute that pursuant to the order of Sifuna J issued on 30th June 2025, the respondents were duly served with the pleadings herein by way of substituted service. Despite being afforded an opportunity to respond, they have not filed any opposition to the application.
4. The fact that the application is unopposed does not relieve this Court of its duty to interrogate the evidence placed before it. The applicant has demonstrated her locus standi as the administrator of the estate of VKS. She has further adduced evidence, through affidavits sworn by Vimesh Vinodchandaria Dixit and Paresh Pradhyumna Upadhyaya both sworn on 13th May 2026, corroborating her account of the circumstances under which the transfer of shares to her late husband was left incomplete.
5. The record is fortified by documentary evidence, including Ordinary Share Certificates, NSE Sale Transfer Forms, Purchase Transfer Forms, and copies of the respondents’ identification documents. In the absence of any rebuttal, this Court is satisfied that the applicant has discharged her burden of proof to the requisite standard.
Disposition
6. Accordingly, the Originating Summons dated 1st April 2025 is hereby allowed as prayed. For purposes of prayer 2, the Executive Officer shall execute any and all necessary documents for purposes of transferring ownership of the shares to the deceased or his estate. I make no orders as to costs.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 12th DAY OF MAY 2026.
F. MUGAMBI
JUDGE
1. The Originating Summons dated 1st April 2025 was brought pursuant to Sections 1A, 1B and 3A of the Civil Procedure Act, as well as Order 37 Rule 1(a) and (f) of the Civil Procedure Rules. The applicant seeks orders approving the transfer of shares in the listed companies by the respondents to the late Vinechand Khimji Shah (“VKS”).
2. Further, the applicant prays that the respondents be compelled to execute all necessary instruments to effectuate the transfer of the said shares to VKS or his estate within fourteen (14) days of the issuance of this order, failing which the Executive Officer or such other duly authorized officer of this Court shall be empowered to execute the requisite documents on their behalf. The applicant also seeks that the Registrar of the respective companies facilitate the immobilization of the shares in favour of VKS or his estate.
Analysis and Determination
3. It is not in dispute that pursuant to the order of Sifuna J issued on 30th June 2025, the respondents were duly served with the pleadings herein by way of substituted service. Despite being afforded an opportunity to respond, they have not filed any opposition to the application.
4. The fact that the application is unopposed does not relieve this Court of its duty to interrogate the evidence placed before it. The applicant has demonstrated her locus standi as the administrator of the estate of VKS. She has further adduced evidence, through affidavits sworn by Vimesh Vinodchandaria Dixit and Paresh Pradhyumna Upadhyaya both sworn on 13th May 2026, corroborating her account of the circumstances under which the transfer of shares to her late husband was left incomplete.
5. The record is fortified by documentary evidence, including Ordinary Share Certificates, NSE Sale Transfer Forms, Purchase Transfer Forms, and copies of the respondents’ identification documents. In the absence of any rebuttal, this Court is satisfied that the applicant has discharged her burden of proof to the requisite standard.
Disposition
6. Accordingly, the Originating Summons dated 1st April 2025 is hereby allowed as prayed. For purposes of prayer 2, the Executive Officer shall execute any and all necessary documents for purposes of transferring ownership of the shares to the deceased or his estate. I make no orders as to costs.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 12th DAY OF MAY 2026.
F. MUGAMBI
JUDGE