Description

Civil Litigation

On an official search carried out at the companies’ registry on the 10^th day of January 2014, the promotors of a proposed limited liability company found the name Randabasia Food available for registration to form a limited liability company. They were happy, and, on the same day, the promotors registered such a company under the Companies Act (Cap 486, Laws of Kenya), with the share capital of Shs. 100,000,000, divided into 100,000 shares of the value of shs. 1,000 each. The registered office of the company was stated to be on the Twelfth floor of the Tall Towers Building in Pleasant Avenue in Malindi. On the 20^th day of January -20^th 2014, a busingšyoo@y known as Weyuya Keng’ene purchased and fully paid for, 100 ordinary shares, being those ranging from numbers 100 up to 200, in the capital register of the company.

Following the recommendation_of the directors of the company, the said company declared a dividend of 10 percent on the shares payable out of the profit for the year ending January 10^th, 2015 according to what each shareholder paid on the shares. As it has turned out, however, the company has still not paid Weyuya Yeng’ene her declared dividend in respect of her shares. A friend of hers advises Weyuya Yeng’ene to see you at your successful firm of lawyers practicing on Sea Front Elegant Villas along Ocean Belt Road, Malindi, under the firm name of Nani Atatushinda & Co. Advocates. After she saw you, and she engaged you to claim from the company the amount shs.250 million as her dividends, the company ignored the letter you sent out to it making an appropriate claim, with notice that failure to pay the dividends to Weyuya Yeng’ene in 10 days of the letter, litigation would commence against the company to recover her dividends.

Draft an appropriate plaint raising the claim sought by this lady.