MATHINGIRA WHOLESALERS COMPANY LTD v KIMWATU KANYUNGU [2008] KEHC 3581 (KLR)
- Court
- High Court of Kenya
- Case number
- 3581
- Citation
- [2008] KEHC 3581 (KLR)
- Decided
- 5 May 2008
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeInterlocutory ApplicationPosturePlaintiff seeks injunctions and mandatory injunction against the defendantCoramMARY KASANGO
Holding
The court grants an injunction restraining the defendant from holding himself as the Chairman of the Plaintiff Company and a mandatory injunction to deliver company documents.
Facts
The defendant, no longer the Chairman of the Board of Directors, continued to act as such despite a resolution removing him on 13th October 2007. He allegedly misused the company's bank account and other company documents.
Issues
- Whether the defendant's continued acting as Chairman is in violation of the company's resolution
- Whether the plaintiff can be granted an injunction and mandatory injunction
Reasoning
The court finds the plaintiff has shown a prima facie case and the defendant's actions could lead to irreparable loss.
Outcome
The defendant is restrained from holding himself as the Chairman and is ordered to deliver company documents.
Orders
- Restraining the defendant from holding himself as the Chairman
- Compelling the defendant to deliver company documents
Remedies
- Injunctions
Authorities cited
Legislation (3)
- Civil Procedure Act
- Company's Act
- Evidence Act
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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