Peter Kariuki Muchiri v Winglink Investment Limited & 7 others [2016] KEHC 8633 (KLR)
- Court
- High Court of Kenya
- Case number
- 8633
- Citation
- [2016] KEHC 8633 (KLR)
- Decided
- 14 October 2016
The court orders the company to not alienate, encumber, or dispose of its two parcels of land until the case is heard and determined.
Facts
The plaintiff, Peter Kariuki Muchiri, was expelled from Winglink Investment Limited, a company he and other defendants used to belong to. The plaintiff seeks an interlocutory injunction to restrain the defendants from transferring funds, selling land, and trading.
Issues
- Whether the plaintiff should be granted an interlocutory injunction
- Whether the court should order the company to preserve its assets until the case is heard and determined
Reasoning
The court finds that the plaintiff's expulsion from the company was illegal and unprocedural, and that the company's assets are at risk of being transferred or disposed of. The court also notes that the injunction to restrain trading would be detrimental to the company's well-being.
Outcome
The court grants an interlocutory injunction to preserve the company's assets.
Orders
- The company shall not alienate, encumber, or dispose of its two parcels of land until the case is heard and determined.
- The company's Directors may execute Personal Guarantees to secure the plaintiff's share of the company's assets if the Directors take actions detrimental to the plaintiff's interests.
Remedies
- Preservation of company's assets
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