SheriaNet for Android — search and read Kenyan case law from your phone, offline.
Join the beta →

Stephen Maina Kimanga & 4 others v Lucy Waithira Mwangi & 2 others [2014] KEHC 2329 (KLR)

[2014] KEHC 2329 (KLR) High Court of Kenya
Read PDF
Court
High Court of Kenya
Case number
2329
Citation
[2014] KEHC 2329 (KLR)
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeCivil SuitPostureAppeal from the original trial outcomeCoramE.K.O OGOLA
Holding

The court granted the Plaintiffs' application for an injunction to restrain the Defendants from running or interfering with the day-to-day operations of the 5th Plaintiff company.

Facts

The Plaintiffs filed a Notice of Motion seeking an injunction to restrain the Defendants from running or interfering with the day-to-day operations of the 5th Plaintiff company.

Issues

  1. Injunction to restrain Defendants from running or interfering with the day-to-day operations of the 5th Plaintiff company.
  2. Certification of urgency and dispensation of service of the Notice of Motion.
  3. Order to hand over the day-to-day management of the 5th Plaintiff company to the Plaintiffs pending the hearing and determination of the suit.

Reasoning

The court found that the Plaintiffs had shown a likelihood of success on the merits and that the balance of convenience favored the Plaintiffs.

Outcome

Granted

Orders

  • Certification of urgency and dispensation of service of the Notice of Motion.
  • Order to restrain the Defendants from running or interfering with the day-to-day operations of the 5th Plaintiff company.
  • Order to hand over the day-to-day management of the 5th Plaintiff company to the Plaintiffs pending the hearing and determination of the suit.

Remedies

  • Injunction to restrain the Defendants from running or interfering with the day-to-day operations of the 5th Plaintiff company.
  • Order to hand over the day-to-day management of the 5th Plaintiff company to the Plaintiffs pending the hearing and determination of the suit.
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.
Full judgment 0.1 MB · PDF

Loading judgment…

Cite this case


        
        
      

Share this case