A judge has ordered a Rwandan investor Desire Muhinyuza to pay the High Court Ksh1,000 for wasting its time.
Justice Alfred Mabeya of the Milimani High Court Commercial and Tax Division also slapped Desire with a fine of Ksh30,000 for causing unnecessary adjournment and filing of documents out of time.
The Ksh30,000 with be paid to the Kenyan trader Kirimi Koome as compensation for wasting his time.
"I hereby order the plaintiff (Desire Muhinyuza) to pay the defendants Ksh30,000 for causing adjournment and Ksh1,000 to the court. Hearing to proceed tomorrow without further delay," Justice Mabeya directed.
Justice Mabeya made the orders after City lawyer Danstan Omari sought an adjournment of the commercial-related case to enable him to acquaint himself with the evidence in the matter.
Koome's lawyer Cliff Ombeta protested bitterly that the court's time is being wasted by the Rwandese national who has dragged his client to court seeking to regain control of his company known as Stay Online Limited.
The company sells merchandise online, retains a commission for the commodities sold and releases the profit to the holding company.
Desire filed the suit against Koome two months ago claiming that the Kenyan trader had defrauded him and his company.
The Rwandan investor has told the High Court that the firm is his and only brought on board Koome to register the company at the centre of the dispute because foreigners experienced hardships in registering companies in the country.
Desire is therefore asking the High Court to archive the company and to declare him as the sole proprietor of Stay Online Limited (SOL).
"The company should be archived and Desire should be assisted to regain control of the company as the parent owner and beneficial owner of the same to safeguard the significant foreign investment and avert further loss," Lawyer Omari pleaded.
The lawyer says that the central issues in dispute are ownership and control of SOL.
He adds that the documents availed from the Registrar of Companies Desire exercise indirect ownership and control as the beneficial owner of his shares which are held on his behalf by his nominee Koome.
Omari says Desire owners controlling interest in SOL which in turn owns the company in dispute.
"Desire exercises significant control of Stay Online Kenya Limited considering that he exercised decision-making power over the management and operations of Sole Limited from its incorporation in Rwanda on April 1, 2023, when Koome was appointed its director in Kenya," Omari asserts.
Omari says the resolution reached before the local director of SOL is binding on the company's management. The resolution passed indicated that Koome would register the company in Kenya and relinquish his interest in the company once Desire regularizes his immigration status in the country.
Desire says he has since obtained the required immigration documents to warrant him to take over the management and control of his company.
The case will proceed to hearing on Tuesday, December 19, 2023.
