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NICHOLAS MAHIHU MURIITHI
V.
NDIMA TEA FACTORY LIMITED & ANOR

(2009) JELR 98665 (CA)

Court of Appeal 17 Jul 2009 Kenya
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- The applicant, Nicholas Mahihu Muriithi, sought an injunction restraining Ndima Tea Factory Limited and Francis Njogu Gathu from barring him from acting as Director for the Kaguyu Electoral Area; the High Court dismissed the interlocutory

Case Details

Suit Number:Civil Appli 118 of 2009 (UR 75/2009)
Judges:Samuel Elikana Ondari Bosire
Location:Nairobi
Other Citations:NICHOLAS MAHIHU MURIITHI v. NDIMA TEA FACTORY LIMITED & another [2009] eKLR

RULING

The applicant, Nicholas Mahihu Muriithi, sued Ndima Tea Factory Limited and Francis Njogu Gathu, the respondents, in the superior court seeking, among other reliefs, an injunction against both the respondents, their agents, servants, officers and employees restraining them from barring the applicant from

participating in all the business and proceedings of Ndima Tea Factory Limited or carrying out his duties in the office of Director representing the Kaguyu Electoral Area”.

Together with the plaint, the applicant filed an application under O.XXXIX rule 1 on the same terms, as above. The application was served on the respondents and later argued, inter partes, before Sitati J.

In a ruling delivered on 3rd April 2009, the learned judge dismissed that application on the ground that during his nomination to serve as a director for Kaguyu Electoral Area, there was a receiving order against him which he did not disclose, and that a receiving order had the same effect as a bankruptcy …

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