Companies Act

239. Application for permission to continue derivative claim

Edition: 2024-12-27 · In force

239. Application for permission to continue derivative claim

(1)In order to continue a derivative claim brought under this Part by a member, the member has to apply to the Court for permission to continue it.

(2)If satisfied that the application and the evidence adduced by the applicant in support of it do not disclose a case for giving permission, the Court—

(a)shall dismiss the application; and

(b)may make any consequential order it considers appropriate.

(3)If the application is not dismissed under subsection (2), the Court—

(a)may give directions as to the evidence to be provided by the company; and

(b)may adjourn the proceedings to enable the evidence to be obtained.

(4)On hearing the application, the Court may—

(a)give permission to continue the claim on such terms as it considers appropriate;

(b)refuse permission and dismiss the claim; or

(c)adjourn the proceedings on the application and give such directions as it considers appropriate.

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Source: Kenya Law