Anne Wangeci Schofield t/a Schofield and Associates v Ehsani & another (Civil Case 352 of 2016) [2021] KEHC 413 (KLR) (Commercial and Tax) (16 December 2021) (Ruling)
- Court
- High Court of Kenya
- Case number
- 413
- Citation
- [2021] KEHC 413 (KLR)
- Decided
- 16 December 2021
The court granted the injunction to restrain the defendants from selling, transferring title, or parting with possession of unsold townhouses and apartments in the Palm Valley Development project.
Facts
The applicant, Anne Wangeci Schofield, filed an application seeking an injunction to restrain the defendants from selling, transferring title, or parting with possession of unsold townhouses and apartments in the Palm Valley Development project. The defendants have sold most of the villas, townhouses, and apartments, and the 2nd defendant has not filed a Board resolution authorizing the 1st defendant to act on its behalf.
Issues
- Whether the court has the power to restrain the sale of defendants' property
- Whether the defendants breached the retainer agreement
- Whether the defendants are before the court under the rules of the court
Reasoning
The court found that the applicant has a prima facie case and that the defendants have breached the retainer agreement. The court also noted that the defendants have not filed a Board resolution authorizing the 1st defendant to act on its behalf.
Outcome
Granted
Orders
- Restraining the defendants from selling, transferring title, or parting with possession of unsold townhouses and apartments in the Palm Valley Development project
- Restraining the defendants from distributing income from sold townhouses and apartments to shareholders, nominees, agents, or investors
Remedies
- Injunction
Authorities cited
Legislation (2)
- Civil Procedure Act
- Constitution of Kenya
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