Komothai Coffee Growers Society Limited v Nelson Njuguna Njoroge & 5 others [2020] KECPT 75 (KLR)

Facts

The Claimant, Komothai Coffee Growers Society Limited, alleges that the Respondents, including Nelson Njuguna Njoroge and 5 others, have been harassing and preventing farmers from delivering their coffee to Githongo Coffee Factory, owned by the Claimant. The Respondents are also accused of illegally acquiring the Claimant's properties, including Githongo Coffee Factory.

Issues

1. Whether the Claimant has a proper basis to warrant the grant of an injunction restraining the Respondents from claiming, acquiring, transferring, selling, interfering with the ownership, operations and/or management of Githongo Coffee Factory.
2. Whether the Tribunal should issue an order restraining the Interested Party and persons acting at its behest from paying the proceeds of coffee delivered to it from the Claimant's 13 factories and in particular, Githongo Coffee Factory.
3. Whether the orders issued on 17/6/2019 should be discharged, varied and or set aside.

Reasoning

The Claimant's allegations of harassment and illegal acquisition were not supported by the evidence presented.

Outcome

The appeal was dismissed.