Three Star Contractors v Dharmesh Prejapatis t/a Jay Vandanah Enterprises (Civil Appeal 3 of 2020) [2026] KEHC 7735 (KLR) (16 April 2026) (Ruling) Neutral citation: [2026] KEHC 7735 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT BUNGOMA CIVIL APPEAL 3 OF 2020 E OMINDE, J APRIL 16, 2026 BETWEEN THREE STAR CONTRACTORS ........................................................... APPLICANT AND DHARMESH PREJAPATIS T/A JAY VANDANAH ENTERPRISES ..................................................................................... RESPONDENT RULING 1. Before this court is an application by the applicant dated 11th February, 2026 brought Under Section 1A, 1B, 3A and 34 of the Civil Procedure Act Order 22 Rule 35 and 51 Rule 1 of the Civil Procedure Rules and Section 148, 787,996 and 1002 of the Companies’ Act (No. 17 of 2015) seeking the following orders: a. Spent b. That Dharmesh Prajapati, Prajapati Dharmendrakumar Jitendendrakumar and Prajapati Jitendendrakumar Nathubai being directors and shareholders of Jay Vandana Enterprises Limited (Judgment Debtor) do attend court and be examined as to whether the respondent has any property or means of satisfying the decree herein issued by this honourable court on the 16.9.2025 and to produce the respondents books of accounts and other documentary evidence showing the status of the business before this honourable court. c. That the veil of importation of the respondent be lifted and or cracked and the directors Dharmesh Prajapati, Prajapati Dharmendrakumar Jitendendrakumar and Prajapati Jitendendrakumar Nathubai be made personally liable and be made to settle the decretal sum in bungoma CMCC No. 43 of 2014 as decreed by this honourable court now standing at Kshs. 3,167,780/= with costs herein till payment in full. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7735/eng@2026-04-16 1
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d. The said directors Dharmesh Prajapati, Prajapati Dharmendrakumar Jitendendrakumar and Prajapati Jitendendrakumar Nathubai do immediately settle the said decretal sum of Kshs. 3,167,780 plus costs of the appeal. e. That in default of the said directors Dharmesh Prajapati, Prajapati Dharmendrakumar Jitendendrakumar And Prajapati Jitendendrakumar Nathubai complying with the above orders, they be imprisoned and committed to civil jail for a period of six months. f. That costs be paid by the respondent. 2. The application is supported by the grounds on the face of it and an affidavit sworn by Rodgers Murunga Wamukoya dated 11th February, 2026. 3. At the hearing, the applicant stated that there are two applications, one is the application dated 11th February,2026 for the lifting of the corporate veil which he served and have not received any response. That the respondents have also not paid the decree of Kshs. 3,167,780/= and so they seek orders in terms of prayers b) - e) of that application. 4. I have perused the affidavit of service filed sworn on 10th March, 2026. Being satisfied that the respondents were appropriately served, the application dated 11th February, 2026 is allowed in its entirety. Summons are to issue to the directors to attend on court 14th May, 2026 in terms of the orders herein issued in prayer b) for examination. READ DATED AND SIGNED AT BUNGOMA ON 16TH DAY OF APRIL, 2026 E. OMINDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/7735/eng@2026-04-16 2
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