Andrews v Gas Meter Company (1884) LR 25 Ch D 320 is a case concerning the right of a company to amend its constitution
Posted: Wed Apr 27, 2022 11:00 am
Andrews v Gas Meter Company (1884) LR 25 Ch D 320 is a case concerning the right of a company to amend its constitution to enable the issuing of
preferential shares. In its holding, the court held that in so far as the company's constitution depends on its articles of association, it is clearly alterable by
special resolution under powers conferred to it by the act. The power to alter the articles is a statutory power and the company cannot deprive it of the power
to exercise it. This position has been adopted in Kenya under the Companies Act 2015. With the use of examples, discuss how this has been achieved while
highlighting the conditions met as enumerated in the Andrews case.
preferential shares. In its holding, the court held that in so far as the company's constitution depends on its articles of association, it is clearly alterable by
special resolution under powers conferred to it by the act. The power to alter the articles is a statutory power and the company cannot deprive it of the power
to exercise it. This position has been adopted in Kenya under the Companies Act 2015. With the use of examples, discuss how this has been achieved while
highlighting the conditions met as enumerated in the Andrews case.