SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

CFC Financial Services v Juja Road Fancy Store Limited [2017] KECA 171 (KLR)

[2017] KECA 171 (KLR) Court of Appeal
Read PDF
Court
Court of Appeal
Case number
171
Citation
[2017] KECA 171 (KLR)
Decided
17 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeAppealPostureAppeal from a High Court Order granting a mandatory injunctionCoramE. M. GITHINJI, H. M. OKWENGU, J. MOHAMED
Holding

The appeal is dismissed. The High Court’s order granting a mandatory injunction is upheld.

Facts

The respondent entrusted the appellant (a stock broker) to deal with the respondent’s Central Deposit System Account (CDS Account) professionally. The appellant, without any authority, purchased 10,000 shares of ICDC Investment Company Limited worth Kshs. 4,379,124.00.

Issues

  1. Whether the High Court erred in granting a mandatory injunction to reverse and cancel the purchase of shares
  2. Whether the High Court misdirected itself in exercising its discretionary power

Reasoning

The Court found no misdirection by the High Court and the exercise of discretion was not clearly wrong.

Outcome

Appeal dismissed

Orders

  • The mandatory injunction issued by the High Court is upheld
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.
Full judgment 0.2 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case