[2016] KEHC 4603 (KLR)
The court found that the application for a permanent injunction was meritorious, particularly as the respondents, despite being served, failed to file any responses or contest the application. In the absence of opposition and upon consideration of the submissions by the applicants' advocate, the court was satisfied...
Source-derived case information.
- Citation
- [2016] KEHC 4603 (KLR)
- Parties
- Applicant: Afrison Export Import Limited; Applicant: Huelands Limited; Respondent: Harit Sheth trading as Harit Sheth Advocates; Respondent: Highbury Consulting Services International Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 158 of 2016
- Procedural Posture
- Miscellaneous Application / Ruling on Interlocutory Application for Injunction
- Outcome
- application allowed
- Judges
- RE Aburili
- Legal Topics
- Professional Undertakings, Injunctive Relief, Advocate Liability
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afrison Export Import Limited
Applicant
Huelands Limited
Applicant
Harit Sheth trading as Harit Sheth Advocates
Respondent
Highbury Consulting Services International Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interlocutory Application for Injunction
Legal Issues
- 1 Whether a permanent injunction should issue restraining the 1st respondent from effecting the professional undertaking made to the 2nd respondent on behalf of the applicants.
Ratio Decidendi
The court found that the application for a permanent injunction was meritorious, particularly as the respondents, despite being served, failed to file any responses or contest the application. In the absence of opposition and upon consideration of the submissions by the applicants' advocate, the court was satisfied that the applicants had established sufficient grounds for the grant of the injunction sought. Consequently, the court granted prayer No. 4 of the Notice of Motion dated 11th April 2016, thereby restraining the 1st respondent from effecting the professional undertaking to the 2nd respondent on behalf of the applicants. Costs of the application were also awarded to the applicants.
Court Disposition
application allowed
Orders
- A permanent injunction is issued restraining the 1st respondent from effecting the professional undertaking made to the 2nd respondent on behalf of the applicants.
- The applicants are awarded costs of the application.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
MISCELLANEOUS CIVIL APPLICATION NO. 158 OF 2016
IN THE MATTER OF: A PROFESSIONAL UNDERTAKING FROM HARIT SHETH ADVOCATES TO HIGHBURY CONSULTING SERVICES INTERNATIONAL LIMITED
AND
IN THE MATTER OF: HARIT SHETH TRADING AS HARIT SHETH ADVOCATES
AND
IN THE MATTER OF: HIGHBURY CONSULTING SERVICES INTERNATIONAL LIMITED
BETWEEN
AFRISON EXPORT IMPORT LIMITED……………………….1ST APPLICANT
HUELANDS LIMITED ……………………………………………….2ND APPLICANT
AND
HARIT SHETH TRADING AS HARIT SHETH
ADVOCATES…………………………………………………………1ST RESPONDENT
HIGHBURY CONSULTING SERVICES
INTERNATIONAL LIMITED………………………………….2ND RESPONDENT
RULING
The applicant by its application dated 11th April 2016 under certificate of urgency seeks for prayer 4- a permanent injunction restraining the 1st respondent from effecting the professional undertaking made to the 2nd defendant on the applicant’s behalf. I have heard Mr Nyamai advocate for the applicant. The respondents were served but they have not filed any responses to the application.
I am satisfied that the application has merit and accordingly, I grant prayer No. 4 of the Notice of motion dated 11th April 2016. I also award the applicant costs of the application.
Orders accordingly.
R.E. ABURILI
JUDGE
25/4/2016