Nedim Mohamed Ibrahim v Ancient Inland Seas Limited & 2 others [2019] KEHC 8433 (KLR)
- Court
- High Court of Kenya
- Case number
- 8433
- Citation
- [2019] KEHC 8433 (KLR)
- Decided
- 15 March 2019
The court did not grant the temporary injunction as the plaintiff did not establish a prima facie case for the injunction.
Facts
The plaintiff claims to have bought a share in the 1st defendant's company from original shareholders. He states that his name is not reflected in the company's documents, but he holds the share in trust for him through an oral agreement. The plaintiff also claims to have invested a substantial amount of money in various properties registered in the name of the 1st defendant. The 2nd defendant disputes the plaintiff's claims and claims that the statutory declaration was forged.
Issues
- Whether the plaintiff has made out a case for grant of a temporary injunctive relief
- Whether the plaintiff has a prima facie case for the injunction
Reasoning
The court considered the principles from Giella vs Cassman Brown and determined that the plaintiff did not establish a prima facie case for the injunction.
Outcome
The application for temporary injunction was denied.
Authorities cited
Legislation (2)
- Civil Procedure Act
- Civil Procedure Rules, 2010
Cases cited (4)
- Giella vs Cassman Brown (supra)
- Mrao Ltd vs First American Bank of Kenya Limited and 2 Others (2003) KLR 125
- Daniel Toroitich Arap Moi and Another vs Mwango Stephen Muriithi and Another (2004) eKLR
- Nguruman Limited vs Ja
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