HARRISON OTIENDE & 5 ORS
V.
BADARI SACCO LIMITED & 3 ORS

JUDGMENT OF THE COURT

1. By a Statement of Claim filed on 31^st July, 2017 the appellants moved court as members of the Dock Workers Union (4^th Respondent). The appellants are also employees of the Kenya Ports Authority (KPA) who have been remitting monthly trade union subscription dues to the said Union. The dues so remitted were invested with Bandari Sacco Limited, the (1^st Respondent) in the said suit, the appellants alleged that they had reason to believe that there was imminent misappropriation of their funds and accordingly moved court seeking pre- emptive injunctive relief against the respondents.

2. Contemporaneously with the suit, the appellants filed an application dated 31^st July, 2017 seeking interim injunctive orders in a bid to ensure the protection of the said funds, pending hearing and determination of the Claim. The Court issued interim orders on 3^rd August, 2017. In response to that application, the 1^st respondent filed a replying affidavit sworn on 14^th September, 2017…