East African Growers Fresh Produce Ltd v Horticultural Crops Directorate & another [2020] KEHC 515 (KLR)
- Court
- High Court of Kenya
- Case number
- 515
- Citation
- [2020] KEHC 515 (KLR)
- Decided
- 22 December 2020
A temporary interdict was issued restraining the Respondents from taking prejudicial steps related to the decision dated 3rd December 2020, pending the hearing and determination of the proceedings.
Facts
The Applicant, East African Growers Fresh Produce Limited, sought an interdict against the 1st and 2nd Respondents (Horticultural Crops Directorate and Agriculture and Food Authority) to prevent them from taking prejudicial steps related to a decision dated 3rd December 2020. The decision required the Applicant to compensate Keitt Fresh Limited by paying Kshs. 2,000,000.
Issues
- The legality of the decision dated 3rd December 2020
- The Respondents' obligation to provide documents related to the decision
Reasoning
The Court found that some of the prayers sought in the application were of a final nature and could not be granted at an ex parte stage. The only temporary relief that could be granted was to maintain the status quo.
Outcome
The application was certified urgent and admitted to hearing ex parte.
Orders
- A temporary interdict was issued restraining the 1st and 2nd Respondents from taking prejudicial steps related to the decision dated 3rd December 2020, pending the hearing and determination of the proceedings.
Remedies
- A declaration that the decision dated 3rd December 2020 was unlawful and that the decision be removed and quashed.
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