The applicant, Davis Otieno Owino, is a minority shareholder and director of the 1st Defendant. In the application dated 19.04.2023, he seeks leave to be be joined to these proceedings and to continue the suit as a derivative action on behalf of the 1st Defendant. The court did direct Equity Bank Limited to pay some money from the 1st Defendant's account in satisfaction of the decree herein. There appears to a disagreement in the 1st Defendant and the Applicant hence he seeks to find out whether the amount was in fact paid and the decree satisfied.
This suit has been determined by a judgment into which the cause of action has merged. There is nothing further to determine in the suit. The issues raised by the Applicant appear to be matters internal to the 1st Defendant/Judgment Debtor hence cannot be resolved in this suit.
The application dated 19.04.2023 is there dismissed but with no order as to costs.
DATED and DELIVERED at NAIROBI this 12th day of MAY 2023
D. S. MAJANJA
JUDGE