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Quantum Capital Limited & 2 others v Strategic Work Place Limited & 4 others [2007] KEHC 673 (KLR)

[2007] KEHC 673 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
673
Citation
[2007] KEHC 673 (KLR)
Decided
15 June 2007
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureApplication for Injunction and Mandatory InjunctionCoramM. A. WARSAME
Holding

The application is allowed with costs, and the plaintiffs are entitled to an injunction and mandatory injunction.

Facts

The plaintiffs allege that the defendants removed them as shareholders and directors of the 5th defendant through a forged special resolution and improper share transfers. The plaintiffs contend that they were not given an opportunity to exercise their pre-emptive rights.

Issues

  1. Removal of plaintiffs as shareholders and directors
  2. Forgeries in share transfers
  3. Violation of shareholders' and directors' rights

Reasoning

The court finds that the defendants' actions were in violation of the law and the plaintiffs' rights. The share transfers were forged and the defendants did not follow the legal process.

Outcome

Application allowed

Orders

  • Injunction against defendants from interfering with shares of the 5th defendant
  • Mandatory injunction requiring the 1st defendant to transfer 70 shares to the 1st plaintiff
  • Reinstatement of plaintiffs as shareholders and directors of the 5th defendant

Remedies

  • Injunction
  • Reinstatement of plaintiffs' rights

Authorities cited

Legislation (2)
  • Civil Procedure Act
  • Civil Procedure Rules
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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