- This is after the Court of Appeal declined to dismiss implementation of a lower court decision.
- The lower court had declared one Chacha Mabanga was not qualified to be a director of the company and was not lawfully appointed by Gethenji
Former Tetu MP Ndung’u Gethenji has lost yet another battle to seize control of the upmarket Kihingo village estate in Kitisuru, Nairobi.
This is after the Court of Appeal declined to dismiss implementation of a lower court decision that declared one Chacha Mabanga was not qualified to be a director of the company and was not lawfully appointed by Gethenji.
The company moved to the appellate court seeking to stop implementation of shareholders' resolutions electing new directors at a meeting held at Capital Club on April 13, 2019, pending appeal.
But justices Roselyne Nambuye, Wanjiru Karanja, Hannah Okwengu said issuing orders to block the resolution would be in vain as there has already been registration of new directors and change of bank signatories.
“Kihingo Management One Ltd has not denied the shareholders' claim that what is intended to be stopped by the relief sought has already been effected, namely registration of new directors and change of bank signatories,” said the Court of Appeal judges.
The High Court had last November dismissed an application by Kihingo Village (Waridi Gardens) Management One Ltd that sought to block shareholder resolutions electing new directors and removing Ndung'u as chairman at a meeting held at Capital Club on April 13, 2019.
Majanja dismissed the Waridi Management One suit because it was brought by Mabanga who was found not to be legally appointed as a director of the company and who therefore had no authority to bring the suit.
Majanja’s ruling meant the resolutions of the April 2019 meeting of the Kihingo residents could be executed.
Those resolutions include deleting references to the B shares in the KVWGM memarts; requiring all directors to be house owners; and removing Gethenji from chairmanship.
Being aggrieved with that decision, Kihingo Management One appealed but has lost again.
-Edited by SKanyara