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CFC FINANCIAL SERVICES
V.
JUJA ROAD FANCY STORE LIMITED

(2017) JELR 103467 (CA)

Court of Appeal 17 Nov 2017 Kenya
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Case Details

Suit Number:Civil Appeal 12 of 2010
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Nairobi
Other Citations:CFC Financial Services v. Juja Road Fancy Store Limited [2017] eKLR

JUDGMENT OF THE COURT

[1] This is an appeal arising from a ruling delivered by the High Court (Khaminwa J) in which an order of mandatory injunction was issued against the appellant CFC FINANCIAL SERVICES LIMITED the defendant in the suit, in the following terms:

“That a mandatory injunction do issue enjoining the defendant either by itself or its agents, servants or whomsoever to reverse and cancel the entry reflecting the purchase of the 10,000 shares of ICDC Investment Company Limited by Defendant on or about November 2006 over CDS Account Number 381543 held by the Plaintiff pending the hearing and determination of this suit”

[2] We take cognizance of the fact that in issuing the order of interlocutory injunction the learned judge was exercising a discretionary power, and that this Court ought not to interfere with the exercise of such discretion unless it is satisfied that the learned judge misdirected herself and therefore arrived at the wrong finding, or that it is manifest that th…

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