Madhupaper International Ltd v Kerr [1985] KECA 76 (KLR)
- Court
- Court of Appeal
- Case number
- 76
- Citation
- [1985] KECA 76 (KLR)
- Decided
- 16 December 1985
The application for a temporary injunction is refused, and the ex parte injunction is lifted. The court will now hear the advocates on the appropriate order for costs.
Facts
Madhupaper International Limited, a company manufacturing cartons, tissues, and lavatory paper, had its bankers and managers appointed by the Kenya Commercial Bank Limited and its subsidiary, the Kenya Commercial Finance Company Limited. The company planned to use local resources to produce pulp and expand its operations, which required financial support from the Bank and KCFC.
Issues
- Whether the company should be granted a temporary injunction pending the appeal
- Whether the company's undertaking in damages is acceptable in view of its creditors and financial straits
Reasoning
The company failed to persuade the court that it should be granted an injunction, and its undertaking in damages is not acceptable. The Thika extension is not a sure prospect and may be a mirage.
Outcome
The application for a temporary injunction is refused.
Orders
- The ex parte injunction is lifted.
- The court will now hear the advocates on the appropriate order for costs.
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