Stephen Mbugua Mwagiru & another v Tatu City Limited [2015] KECA 577 (KLR)
- Court
- Court of Appeal
- Case number
- 577
- Citation
- [2015] KECA 577 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a High Court judgment granting winding up orders and denying an injunctionCoramW.KARANJA, F. AZANGALALA, F. SICHALE
Holding
The application for an injunction is dismissed, and the winding up orders are upheld.
Facts
Two applicants sought winding up orders in respect of Tatu City and Kofinaf Company Limited, minority shareholders. The High Court granted winding up orders but denied the applicants' request for an injunction. The applicants appealed and filed an application for a stay of execution and injunction pending appeal.
Issues
- Whether the applicants are entitled to an injunction pending appeal
- Whether the applicants are insolvent and thus entitled to winding up orders
Reasoning
The applicants own a small percentage of the shares and there is no evidence of insolvency. The applicants failed to meet the requirements for an injunction under Rule 5(2) b of the Rules of this Court.
Outcome
Application dismissed with costs to the respondent
Orders
- Winding up orders upheld
- Application for injunction dismissed
Remedies
- Costs to the respondent
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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