MUNGI FARMERS TOBACCO COMPANY v NAUSHAD TRADING COMPANY (? 118 of 2007) [2008] KEHC 1698 (KLR) (6 June 2008) (Ruling)
- Court
- High Court of Kenya
- Case number
- 1698
- Citation
- [2008] KEHC 1698 (KLR)
- Decided
- 6 June 2008
The application is dismissed with costs as the plaintiff has not established a prima facie case with a probability of success and the balance of convenience favours the maintenance of the prevailing status quo.
Facts
The plaintiff, Mungi Farmers Tobacco Company, filed an application for an interlocutory injunction against the defendant, Naushad Trading Company, to prevent the latter from repossessing the plaintiff's motor vehicles and logbooks. The plaintiff claimed that the defendant had illegally repossessed 12 out of 20 motor vehicles and was in the process of repossessing the remaining 8 vehicles. The plaintiff also sought a stay of the defendant's court order for police assistance in the repossession process and costs.
Issues
- Jurisdiction of the court to grant interlocutory mandatory injunction
- Plaintiff's prima facie case for the return of motor vehicles and logbooks
- Irreparable injury and compensation for damages
Reasoning
The court found that the plaintiff failed to demonstrate special circumstances for the grant of an interlocutory mandatory injunction. The plaintiff's valuation of the motor vehicles was disputed, and any loss could be compensated through damages. The court concluded that the balance of convenience favoured the defendant.
Outcome
Application dismissed
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Civil Procedure Act
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