Christopher Michael Lockley v Juletabi African Adventure Limited & 2 others [2013] KEHC 2300 (KLR)
- Court
- High Court of Kenya
- Case number
- 2300
- Citation
- [2013] KEHC 2300 (KLR)
- Decided
- 20 September 2013
The Plaintiff is entitled to a mandatory injunction to restrain the Defendants from selling or disposing of the property and vehicle, and to obtain mandatory injunctions for the release of the Title Deed and Log Book of the vehicle until the suit is determined.
Facts
The Plaintiff, Christopher Michael Lockley, brought an application seeking to restrain the Defendants from selling or disposing of a property and a motor vehicle, and to obtain mandatory injunctions for the release of the Title Deed and Log Book of the vehicle until the suit is determined.
Issues
- Whether the Plaintiff has satisfied the second principle of granting an injunction.
- Whether the balance of convenience lies in favor of the Plaintiff's request for mandatory injunctions.
Reasoning
The Court considered the Plaintiff's contention that the Defendants have commenced a parallel business in direct competition with the Plaintiff's, which has adversely affected the Plaintiff's business. The balance of convenience lies in favor of the Plaintiff, and the Court granted the mandatory injunctions.
Outcome
The Plaintiff's application was granted.
Orders
- Pending determination of this suit, an injunction is issued restraining the Defendants from selling or disposing of the property and vehicle.
- Pending determination of this suit, a mandatory injunction is issued directing the 2nd and 3rd Defendants to release the Title Deed and Log Book of the vehicle to the Plaintiff.
- Pending determination of this suit, a mandatory injunction is issued directing the 2nd and 3rd Defendants to release the possession of the vehicle to the Plaintiff.
- The Plaintiff shall retain the Title to the property and the Log Book of the vehicle until further orders of this Court or until determination of this suit whichever occurs first.
- The cost of the Notice of Motion dated 14th August 2013 are awarded to the Plaintiff to be borne by the 2nd and 3rd Defendants.
Remedies
- Injunctions to restrain the Defendants from selling or disposing of the property and vehicle.
- Mandatory injunctions for the release of the Title Deed and Log Book of the vehicle to the Plaintiff.
- Mandatory injunctions for the release of the possession of the vehicle to the Plaintiff.
Authorities cited
Cases cited (1)
- Stephen Kipkebut T/A River Lodge and Rooms -Vs- Naftali Ogola Civil App. No. Nai 146 of 2008 (UR. 93/08)
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