BARCLAYS BANK OF KENYA v CHRISTANT MUTISYA MAINGI & another [2006] KEHC 2387 (KLR)
- Court
- High Court of Kenya
- Case number
- 2387
- Citation
- [2006] KEHC 2387 (KLR)
- Decided
- 7 June 2006
The court grants an interim injunction to restrain the defendants from drawing or dealing with the bank account No. 0013943001 at Trans-National Bank Limited, City Hall Way Branch, Nairobi, pending the hearing and determination of the suit.
Facts
Barclays Bank of Kenya is a registrar of shares and had custody of shares belonging to its customers. The defendants, Christian Mutisya Maingi and Johnson Ngotho Kioge, impersonated one of the plaintiff's customers, forged the customer's share certificates, and sold the shares. The plaintiff had to indemnify the customer, who had their share certificates forged, for Kshs.8,140,239/65.
Issues
- Whether to grant an interim injunction to restrain the defendants from drawing or dealing with the bank account No. 0013943001 at Trans-National Bank Limited, City Hall Way Branch, Nairobi.
Reasoning
The court finds that the plaintiff has made a prima facie case with a probability of success and that the defendants' account should be preserved to prevent the money from being withdrawn.
Outcome
The court grants an interim injunction.
Orders
- An interim injunction to restrain the defendants from drawing or dealing with the bank account No. 0013943001 at Trans-National Bank Limited, City Hall Way Branch, Nairobi, pending the hearing and determination of the suit.
Remedies
- Preservation of the defendants' account to prevent the money from being withdrawn.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules
Cases cited (1)
- STANDARD CHARTERED BANK OF KENYA LIMITED –VS- SAMUEL NKONGE KIBERA & 2 OTHERS, HCCC NO. 1729 OF 1997
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