[2013] KEHC 6737 (KLR)

[2013] KEHC 6737 (KLR)

The court found that the plaintiff had established a prima facie case by providing evidence, including admissions by the 1st defendant and supporting documentation, that funds were fraudulently converted and used to acquire the two motor vehicles and deposited in the specified bank accounts. The court acknowledged that the plaintiff's claim was for money and thus irreparable loss was not strictly established. However, given the nature of the claim—conversion and tracing of specific assets—the court held that it was just and equitable to preserve the subject assets pending determination of the suit. The court therefore granted a temporary injunction to preserve the two motor vehicles and...

Citation
[2013] KEHC 6737 (KLR)
Parties
Plaintiff: Institute for Security Studies; Defendant: Steve Clement Murithi Mugo; Defendant: Victor Kariuki Mugo (t/a Computer Hard & Soft Concepts)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
8 October 2013
Case Number
Civil Suit 135 of 2013
Procedural Posture
Civil Suit / Ruling on Interlocutory Application for Temporary Injunction
Outcome
Application for temporary injunction allowed.
Judges
DW Mbuteti
Legal Topics
Conversion of Property, Interlocutory Injunctions, Fraud and Illegality, Employee Misconduct, Tracing of Assets, Preservation Orders
Source Language
English
Civil Procedure Tort Law Commercial and Corporate Conversion of Property Interlocutory Injunctions Fraud and Illegality Employee Misconduct Tracing of Assets +1 more

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Parties

Institute for Security Studies

Plaintiff

Steve Clement Murithi Mugo

Defendant

Victor Kariuki Mugo (t/a Computer Hard & Soft Concepts)

Defendant

Procedural Posture

Civil Suit / Ruling on Interlocutory Application for Temporary Injunction

Legal Issues

  1. 1 Whether the plaintiff has established a prima facie case for the grant of a temporary injunction to preserve the two motor vehicles and six bank accounts pending the hearing and determination of the suit.
  2. 2 Whether the plaintiff has demonstrated that the defendants converted or fraudulently misappropriated its funds and used them to acquire the assets in question.
  3. 3 Whether the requirements for the grant of a temporary injunction under Order 40 of the Civil Procedure Rules have been met.

Ratio Decidendi

The court found that the plaintiff had established a prima facie case by providing evidence, including admissions by the 1st defendant and supporting documentation, that funds were fraudulently converted and used to acquire the two motor vehicles and deposited in the specified bank accounts. The court acknowledged that the plaintiff's claim was for money and thus irreparable loss was not strictly established. However, given the nature of the claim—conversion and tracing of specific assets—the court held that it was just and equitable to preserve the subject assets pending determination of the suit. The court therefore granted a temporary injunction to preserve the two motor vehicles and...

Court Disposition

Application for temporary injunction allowed.

Orders

  • A temporary injunction is granted to preserve the two motor vehicles and the funds in the six named bank accounts pending disposal of the suit or further order of the court, subject to the plaintiff providing an undertaking as to damages within fourteen days.
  • Costs of the application shall be in the cause.