DATAGRUAD DISTRIBUTORS LIMITED V VIRGINIA NJERI KIGO & 3 OTHERS [2012] KEHC 1247 (KLR)
- Court
- High Court of Kenya
- Case number
- 1247
- Citation
- [2012] KEHC 1247 (KLR)
- Decided
- 6 November 2012
The 1st Defendant is ordered to furnish security in the sum of Kshs.43,000,000 within 7 days of the ruling, or an attachment of the properties mentioned in the application will be made before judgment.
Facts
The Plaintiff, a business entity, claims to have suffered a loss of Kshs.43,000,000 due to financial irregularities committed by the 1st Defendant, who was the accountant and predecessor of the Plaintiff. The 1st Defendant is alleged to have manipulated accounting systems, failed to document transactions, and misappropriated funds.
Issues
- Whether the Plaintiff has a prima facie case to succeed at the full trial of the issues raised in the Plaint.
- Whether the 1st Defendant should be required to furnish security and provide attachment of properties
Reasoning
The court finds the Plaintiff's fears well-founded and orders the 1st Defendant to provide security as the application is not opposed.
Outcome
The 1st Defendant is ordered to provide security and the properties mentioned in the application will be attached if the security is not provided.
Orders
- The 1st Defendant to furnish security in the sum of Kshs.43,000,000 within 7 days of the ruling.
- Attachment of the properties mentioned in the application if the security is not provided.
Remedies
- Security in the sum of Kshs.43,000,000
- Attachment of the properties mentioned in the application
Authorities cited
Legislation (1)
- Civil Procedure Act (Cap 21) Laws of Kenya
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