JAMES NDUNGU GETHENJI, ERIC GOVANI , MABANGA & KIHINGO VILLAGE (WARIDI GARDENS) V. GITAHI GETHENJI, AMEE CHALISHAZAR , SHEETAL KHANNA & NARESH MEHTA

RULING OF THE COURT

1. By Notice of Motion dated 3rd October 2018, the respondents moved the court inter alia for orders restraining the applicants, their servants or agents from in any way interfering with the intended Annual General Meeting of the 4th applicant scheduled for 27th October 2018. An order was also sought to the effect that pending the general meeting of 27th October 2018 and the appointment of new directors, the Nominal Respondent’s Account with NIC Bank Limited Account No. 1000158287 be frozen.

2. Upon hearing the parties, the learned judge in a Ruling dated 25th October 2018 issued an interlocutory injunction restraining the applicants and or their servants or agents from in any way interfering with the intended general meeting on 27th October 2018. In the body of the Ruling, the judge expressed himself thus:

“The petitioners have demonstrated good cause for freezing the account of the Nominal Respondent as of now. I find no good reasons for discharging the order freezi…