TITUS MUSYOKI NZIOKA V. JOHN KIMATHI MAINGI & KINGS CARGO AGENCIES LIMITED

RULING OF THE COURT

Titus Musyoki Nzioka, the applicant is the plaintiff in Nairobi HCCC No. 478 of 2010. The respondents herein are the defendants. It is important to note that the applicant and 1^st respondent herein hold equal shares in the 2^nd respondent which is a limited liability company. The two are the only directors of the respondent and are both signatories to the 2^nd respondent’s bank accounts.

Although a copy of the plaint is not part of this record, it is easy to decipher the orders sought in that plaint from the prayers in the application for injunction dated 12^th July, 2010 which was filed simultaneously with the plaint. In the said application, the applicant sought the following two principal prayers inter alia:-

That the Honourable Court be pleased to restrain the 1^st defendant from acting as either a director or managing director of the 2^nd defendant company and in particular to restrain the defendant from signing, drawing, cashing or encashing cheques drawn by or purpo…