Initially, the Appellant instituted an application before
the High Court. The application which was brought under the provisions of
sections 121 (1), (2), (3), (4) and 400 (6) of the Companies Act, No. 2 of
2002, sought two orders., The first Respondent lodged a Notice of objection
contending that the applicant lacks locus standi to institute the
application. The preliminary objection was upheld by the trial High Court.
Consequently, the application was struck out with costs hence the appeal before
us, which is pegged on that the trial judge erred in law in deciding the issue
of locus standi on preliminary objection