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…Act - onus of proof in an applicaton for security for costs.…

…The defendants brought ann application seeking security for costs under Order XXV rule 1 and section 401 of the Companies Act.…

…On locus standi, it was submitted that the plaintiff has the requisite capacity to sue and that his right to commence the suit is rooted in section 238 of the Companies Act, No 15 of 2017.…

…As regards the jurisdiction of this court, reference was made to the definition of the word ‘court’ in the Companies Act to mean; the High Court (unless some other court is specified).…

…Act.…

…Act after the one year after the commencement of the Insolvency Act shall declare to the official receiver any such pending assignment and whether he wishes to carry on under the repealed companies Act until the assignment…

…The provisions relating to derivative suits are to be found in Section 238 to Section 242 of the Companies Act, Section 238 of the Companies Act provides as follows:- “1.…

…The proceedings must be for the protection of members against unfair prejudice brought under the Companies Act; 4.…

…It is thus clear from the provisions of section 25 (5) of the Tea Act that the company is required to have procurement policy in place for the procurement of goods and services. 16.…

…The provisions of section 238 and 239 of the Companies Act requires the applicant to meet.…

…pursuant to section 59 of the Companies Act, 2015 for the two companies with almost similar names to exist. 10.…

…the Companies (Amendment) Act No. 28 of 2017 and strike off the plaintiff’s registration from its register.…

…THAT this Honourable Court be pleased to grant the 1 st Applicant leave to continue these proceedings in terms of Section 239 of the Companies Act, Cap 486. 6.…

…The plaintiff submits on this issue that, Section 239 of the Companies Act did not require authority of the company for one to file a derivative suit.…

…Act.…

…The Intended 3rd Defendant describes itself as limited liability Company incorporated on the 12th January 1965 as a land buying company under the Companies Act, Laws of Kenya which is undisputed.…

…The Registrar cites Sections 277(1) and 278(1)(a) and (b) and 279 (1) of the Companies Act; that ordinarily an order directing a company to convene and hold an AGM will only issue where the court is satisfied that it is not…

…Act.…

…Act.…

…That the court lacks jurisdiction to entertain the application and the suit in view of Section 238 and 239 and 240 of the Companies Act Number 17 of 2015 since this is not a derivative claim.…

…B Wilson says that this meeting went on in accordance with the Companies Act and the respondent was appointed director of plaintiff.…

…The notice for the meeting on 27.3.90 is stated to have been given in accordance with section 132 (3) of the Companies Act.…

…The motion before court is dated 21 May 2024 and is expressed to be brought under sections 148, 787; 996 and 1002 of the Companies Act, cap. 486; section 1A, 1B,3A, 6 and 34 of the Civil Procedure Act, cap. 21 and Order 22…

…That a declaration be made pursuant to Section 1002 as read with section 996 of the Companies Act that the directors of the Respondent were knowingly party to the carrying on of the business with intent to defraud the applicant…

…In my view, he cannot do so unless he complies with what the Companies Act, 2015 states regarding derivative claims. 11. Section 238(2) of the Companies Act, 2015 is instructive.…

…the pleadings, this court takes note that the 1st to 7th Plaintiffs are company and/or legal entities that are duly registered in law with fixed office and addresses including Company Secretaries in compliance with the Companies…

…Act.…

…The procedure for one to withdraw or resign is provided for in the Companies Act.…

…Part XI of the Companies Act provides for basis for a derivative suit.…

…The remedy is now governed by Part XI of the Companies Act, 2015. Under section 238, a derivative claim is one brought by a member in respect of a cause of action vested in the company and seeking relief on its behalf.…

…Act.…

…Section 35 of the Companies Act (cap 486) say; “35 – A Bill of Exchange or Promissory Note shall be deemed to have been made … on behalf of a company if made … in the name of the company by any person acting under its authority…

…Regulation 80 of Table A of the 1st schedule to the Companies Act says that the business of a company shall be managed by its directors.…

…They contend that the process leading to the proposed restructuring contravenes Articles 10, 22, 23, 35, 47, 48 and 50 of the Constitution, as well as the Companies Act, the Banking Act and the Capital Markets Act.…

…The Respondents maintain that the proposed restructuring constitutes a lawful corporate reorganisation undertaken within the framework of the Banking Act, the Companies Act and the applicable regulatory regime.…

…On cross-examination, he testified that both the Club and Umplosh Company Limited were one and the same thing even though Umplosh had been registered under the Companies Act. The Defence Case. 9.…

…Asked about the said Umplosh Company Limited during cross-examination, PW1 responded that the Club and Umplosh Company Limited are one and the same thing although the company was registered under the Companies Act.…