Afrofreight Forwarders (K) Ltd v Kenya Railways Corporation & another [2006] KEHC 2851 (KLR)
- Court
- High Court of Kenya
- Case number
- 2851
- Citation
- [2006] KEHC 2851 (KLR)
- Decided
- 31 March 2006
The court dismisses the plaintiff's application for a prohibitory injunction and for security to satisfy the decree, finding that the first defendant is not in any way trying to defeat the plaintiff's claim and that the plaintiff has a better chance of recovering its debt by letting the concession to be completed.
Facts
The plaintiff, Afrofreight Forwarders (K) Ltd, contracted Kenya Railways Corporation and Uganga Railways Corporation to transport containerized goods from Mombasa to Kampala, Uganda, and return the empty containers within 35 days. The defendants failed to return the containers as agreed, causing the plaintiff to incur losses.
Issues
- Whether the plaintiff has a prima facie case against the defendants
- Whether the first defendant is in the process of concessioning its railway services to a private company with a view to defeating the plaintiff's claim
- Whether the first defendant is disposing of its assets with the intention of defeating the plaintiff's claim
Reasoning
The court finds that the plaintiff has not shown that the first defendant is concessioning its railway services with a view to defeating the plaintiff's claim. The plaintiff's claim is for only about KSh. 10 million, which is not enough to cause the first defendant to concede its entire railway services.
Outcome
Appeal dismissed
Orders
- The application for a prohibitory injunction is dismissed
- The application for security to satisfy the decree is dismissed
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