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Moses Mwangi Kimari v. Shammi Kanjirapprambil Thomas,Spedtsaver (K) Limited & Prime Bank Limited

(2020) JELR 98911 (CA)

Court of Appeal  •  Civil Appeal 94 of 2015  •  10 Feb 2020  •  Kenya

Roselyn Naliaka Nambuye, Wanjiru Karanja, Sankale ole Kantai



The appeal arises from the Ruling of the High Court of Kenya at Nairobi (Hon. Gikonyo, J.) dated 31st July, 2014 in High Court Civil Case No. 38 of 2014.

The background to the appeal is that the appellant filed a suit against the respondents seeking a permanent injunction restraining the 1st respondent from collecting any payment from the 2nd respondent company’s debtors and from alienating the company’s assets and stock and from tampering with the 2nd respondent’s housing lease pending the preparation of proper audited company’s accounts. The appellant further sought an order that the appellant and the 1st respondent do jointly foresee the preparation of proper audited books of accounts for the 2nd respondent at the 2nd respondent’s expense and the refund of the funds found misappropriated by the 1st respondent. An interim application for injunction filed simultaneously with the plaint was dismissed on merit for the failure to establish a prima facie case for the …

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