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 1st respondent herein hold equal shares in the 2nd respondent which is a limited liability company. The two are the only directors of the respondent and are both signatories to the 2nd 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 12th 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 1st defendant from acting as either a director or managing director of the 2nd defendant company and in particular to restrain the defendant from signing, drawing, cashing or encashing cheques drawn by or purpo…