Endao Company Limited & 7 others v Yatich & 9 others (Civil Case E011 of 2023) [2025] KEHC 2548 (KLR) (5 March 2025) (Ruling) Neutral citation: [2025] KEHC 2548 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAKURU CIVIL CASE E011 OF 2023 PN GICHOHI, J MARCH 5, 2025 BETWEEN ENDAO COMPANY LIMITED ........................................................... 1ST PLAINTIFF JOHN WENDOT A. KIBOWEN ....................................................... 2ND PLAINTIFF SAMUEL KANDAGOR CHEPKONGA ............................................ 3RD PLAINTIFF ISAAC CHESANG ................................................................................ 4TH PLAINTIFF KIPYEGON NEHEMIAH CHEROGONY ........................................ 5TH PLAINTIFF JAPETH C. KONGOGO ...................................................................... 6TH PLAINTIFF ESLEEN KOBILO KIPROTICH ......................................................... 7TH PLAINTIFF EDWARD KIPROTICH KANDIE ..................................................... 8TH PLAINTIFF AND DICKSON KANGOGO YATICH .................................................... 1ST DEFENDANT SHADRACK KIPRUTO CHEROGONY ...................................... 2ND DEFENDANT WILLIAM KIPSANG ....................................................................... 3RD DEFENDANT CHRISTOPHER KIPSETIM KIMOSOP ....................................... 4TH DEFENDANT CHARLES KIMECHWA KUMBELEL ........................................... 5TH DEFENDANT BOIGOR BENJAMIN ...................................................................... 6TH DEFENDANT YATICH HILLARY CHEPKONGA ............................................... 7TH DEFENDANT ELISHA KIPKOECH CHEROP ...................................................... 8TH DEFENDANT BERNARD KIPRUTO CHESIRE .................................................. 9TH DEFENDANT THE REGISTRAR OF COMPANIES .......................................... 10TH DEFENDANT https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2548/eng@2025-03-05 1
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RULING 1. The matter was coming up today for the Plaintifis to confirm if they still wish to proceed with the applications herein. 2. It is conceded that the application dated 23/12/2024 has been overtaken by events as the Annual General Meeting (AGM) was held on 14/2/2025. It is also conceded that the application dated 28/1/2025 is moot and therefore withdrawn by the Applicants/Plaintifis. It has been intimated to this Court that the Plaintifi’s wish to file an application to invalidate the Annual General Meeting (AGM) held on 14/2/2025. 3. The Plaintifis therefore seek leave to file that application. Counsel for the Defendants has intimated to this Court that parties have been to the Court of Appeal this morning over an application the Plaintifis/Applicants filed to the Court of Appeal. 4. In the circumstances this Court makes the following orders:1. The application dated 23/12/2024 is marked as overtaken by events as the Annual General Meeting (AGM) has already been held. 2. The application dated 28/1/2025 is moot and marked as withdrawn by the Plaintifis/ Applicants. 3. Costs of the two applications are awarded to the Defendants/Respondents. 4. This file be and is hereby marked as closed. DATED, SIGNED AND DELIVERED AT NAKURU THIS 5TH DAY OF MARCH, 2025. PATRICIA GICHOHI JUDGE In the presence of: Mr Kimaru for mr Muchiri for Plaintifis/Applicants Mr Kiage for the Defendants Ruto, Court Assistant https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/2548/eng@2025-03-05 2
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