Orthodox Towers Management Company Limited & another v Prime Bank (Kenya) Limited & another [2015] KEHC 580 (KLR)
- Court
- High Court of Kenya
- Case number
- 580
- Citation
- [2015] KEHC 580 (KLR)
- Decided
- 23 October 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCommercial DisputePostureAppeal from a High Court judgmentCoramC. KARIUKI
Holding
The court ordered the defendant to allow the plaintiffs access to the account and release the funds in terms of the motion.
Facts
Orthodox Towers Management Company and the Orthodox Archbishopric of Kenya filed a motion seeking mandatory interlocutory relief to access funds in the Prime Bank account. The 2nd Plaintiff, who incorporated the 1st Plaintiff for investment purposes, had deposited proceeds from the sale of shares in the account.
Issues
- Access to funds in the defendant's account
- Investment and fiduciary duties
Reasoning
The court found that the plaintiffs had a legitimate interest in accessing the funds for the purchase of a property and that the 2nd Plaintiff had incorporated the 1st Plaintiff for investment purposes.
Outcome
The court granted the plaintiffs' application.
Orders
- Allow Plaintiffs access of the account and release the sought funds in terms of prayer 3 and 4 of the motion
Remedies
- Access to funds in the account
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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