1. The application before me is a Notice of Motion dated 24th March 2025 brought under the provisions of Sections 1A, 1B, 3 and 3A of the Civil Procedure Rules, 2010, and all enabling provisions of the law.
2. The applicant prays for the striking out of the entire petition on the basis that the petitioner lacks locus standi, and that the petition is an abuse of the Court process. The applicant also prays for costs of the application.
3. The application is supported by an affidavit sworn by Mr. Elisha Wambaji Waudo on 24th March 2024. He stated that he and Ms Elizabeth Naukusi Wangia are the appointed Administrators of the Estates of Jared Waudo Wangia and Christine Ong’ayo Wangia, the deceased Directors of the respondent.
4. Mr. Wambaji averred that the petitioner filed the petition together with a Notice of Motion application both dated 30th October 2023 seeking to administer the respondent, by alleging that he is a creditor to one of the respondent's deceased Directors, namely, Jared Waudo Wangia. Mr. Wambaji deposed that the petitioner also states that he is a beneficiary of the Estates of the respondent’s deceased Directors, Jared Waudo Wangia and Christine Ong’ayo Wangia.
5. The applicant deposed that by virtue of the Grants issued by the Milimani High Court Family Division on the 7th October 2024, he and Elizabeth Naukusi Wangia are the only Administrators of the Estates of the respondent’s deceased Directors. He contended that the respondent herein lacks the requisite locus standi to file this entire matter as a Creditor.
6. Mr. Wambaji stated that this Court delivered a Ruling on 24th February 2025 and held that the petitioner’s Notice of Motion dated 24th October 2023, was fatally defective for want of locus standi, and as such, there is no need to waste judicial time in prosecuting the whole matter, as the said Ruling has not been challenged.
7. He stated that it is the interest of justice for the petition to be struck out and for costs to be awarded to the applicant.
8. I have noted that despite the petitioner being served twice with the Notice of Motion application dated 24th March 2025, and a mention Notice for 26th March 2025 as per the affidavit of service filed on 25th March 2025, the respondent’s Advocate did not attend Court for directions on 26th March 2025. The respondent neither filed a response to the application nor written submissions to oppose the application.
9. I note that the applicant filed written submissions dated 14th April 2025, which stand unchallenged by the respondent. Ms Ondieki, learned Counsel for the respondent prayed for the application to be allowed as prayed.
10. In a Ruling that I delivered on 21st February 2025 from an application dated 24th October 2023, that the petitioner had filed, I found that he had no locus standi to file the said application.
11. The said application flowed from the petition that was filed by the petitioner herein. As a corollary to my decision of 21st February 2025, since I found that the petitioner had no locus standi to file the application dated 24th October 2023, he similarly had no locus standi to file the petition herein.
12. That being the case, the application dated 24th March 2025 filed by the respondent herein is allowed as prayed. The effect of the said Order is that the petition dated 24th October 2023, is hereby struck out with costs to the respondent.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI on this 27th day of February 2025. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Ms Ondieki for the respondent/applicant
No appearance for the petitioner/respondent
Ms B. Wokabi – Court Assistant.
2. The applicant prays for the striking out of the entire petition on the basis that the petitioner lacks locus standi, and that the petition is an abuse of the Court process. The applicant also prays for costs of the application.
3. The application is supported by an affidavit sworn by Mr. Elisha Wambaji Waudo on 24th March 2024. He stated that he and Ms Elizabeth Naukusi Wangia are the appointed Administrators of the Estates of Jared Waudo Wangia and Christine Ong’ayo Wangia, the deceased Directors of the respondent.
4. Mr. Wambaji averred that the petitioner filed the petition together with a Notice of Motion application both dated 30th October 2023 seeking to administer the respondent, by alleging that he is a creditor to one of the respondent's deceased Directors, namely, Jared Waudo Wangia. Mr. Wambaji deposed that the petitioner also states that he is a beneficiary of the Estates of the respondent’s deceased Directors, Jared Waudo Wangia and Christine Ong’ayo Wangia.
5. The applicant deposed that by virtue of the Grants issued by the Milimani High Court Family Division on the 7th October 2024, he and Elizabeth Naukusi Wangia are the only Administrators of the Estates of the respondent’s deceased Directors. He contended that the respondent herein lacks the requisite locus standi to file this entire matter as a Creditor.
6. Mr. Wambaji stated that this Court delivered a Ruling on 24th February 2025 and held that the petitioner’s Notice of Motion dated 24th October 2023, was fatally defective for want of locus standi, and as such, there is no need to waste judicial time in prosecuting the whole matter, as the said Ruling has not been challenged.
7. He stated that it is the interest of justice for the petition to be struck out and for costs to be awarded to the applicant.
8. I have noted that despite the petitioner being served twice with the Notice of Motion application dated 24th March 2025, and a mention Notice for 26th March 2025 as per the affidavit of service filed on 25th March 2025, the respondent’s Advocate did not attend Court for directions on 26th March 2025. The respondent neither filed a response to the application nor written submissions to oppose the application.
9. I note that the applicant filed written submissions dated 14th April 2025, which stand unchallenged by the respondent. Ms Ondieki, learned Counsel for the respondent prayed for the application to be allowed as prayed.
10. In a Ruling that I delivered on 21st February 2025 from an application dated 24th October 2023, that the petitioner had filed, I found that he had no locus standi to file the said application.
11. The said application flowed from the petition that was filed by the petitioner herein. As a corollary to my decision of 21st February 2025, since I found that the petitioner had no locus standi to file the application dated 24th October 2023, he similarly had no locus standi to file the petition herein.
12. That being the case, the application dated 24th March 2025 filed by the respondent herein is allowed as prayed. The effect of the said Order is that the petition dated 24th October 2023, is hereby struck out with costs to the respondent.
It is so ordered.
DATED, SIGNED and DELIVERED at NAIROBI on this 27th day of February 2025. Ruling delivered through Microsoft Teams Online Platform.
NJOKI MWANGI
JUDGE
In the presence of:-
Ms Ondieki for the respondent/applicant
No appearance for the petitioner/respondent
Ms B. Wokabi – Court Assistant.