[2016] KEHC 1223 (KLR)
The court declined to determine the application for interlocutory injunction on the merits because the issues raised in the application were identical to those in the main suit. Addressing the application at this stage would risk prejudicing or compromising the final determination of the substantive suit. The court...
Source-derived case information.
- Citation
- [2016] KEHC 1223 (KLR)
- Parties
- Plaintiff: National Bank of Kenya Limited; Defendant: Nation Media Group Limited; Defendant: Tom Mshindi; Defendant: Eric Obino; Defendant: Andrew Teyie
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 239 of 2015
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunction Application
- Outcome
- application for injunction denied
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Defamation, Interlocutory Injunctions, Pleadings, Confidential Information
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
National Bank of Kenya Limited
Plaintiff
Nation Media Group Limited
Defendant
Tom Mshindi
Defendant
Eric Obino
Defendant
Andrew Teyie
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the plaintiff is entitled to an interlocutory injunction restraining the defendants from publishing alleged defamatory statements about the plaintiff.
- 2 Whether the court should determine the application for injunction at this stage given the overlap of issues with the main suit.
Ratio Decidendi
The court declined to determine the application for interlocutory injunction on the merits because the issues raised in the application were identical to those in the main suit. Addressing the application at this stage would risk prejudicing or compromising the final determination of the substantive suit. The court therefore directed the parties to comply with Order 11 of the Civil Procedure Rules to prepare the matter for hearing and denied the application for injunction, with each party to bear their own costs.
Court Disposition
application for injunction denied
Orders
- The application for injunction is denied.
- Each party shall bear their own costs.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL SUIT NO. 239 OF 2015
NATIONAL BANK OF KENYA LIMITED ........…...…... PLAINTIFF
VERSUS
NATION MEDIA GROUP LIMITED ……...........1ST DEFENDANT
TOM MSHINDI ……………..……………….…2ND DEFENDANT
ERIC OBINO ……….……………………….....3RD DEFENDANT
ANDREW TEYIE …….……….……………..…4TH DEFENDANT
RULING
The plaintiff filed this suit against the four defendants following a publication in the Daily Nation and the Sunday Nation both published by the 1st defendant. The publication is alleged to have been authored by the defendants jointly and severally. It is the plaintiff’s case that the publication was defamatory and therefore injurious to the operations of the plaintiff, a banking institution with a wide presence in the country.
Alongside the suit, there was filed an application for injunction to restrain the defendants jointly and severally from writing, printing and publishing statements that are defamatory of the plaintiff, its business, shareholders, employees and or directors, its customers and their accounts. The application also sought to restrain the defendants from publishing or otherwise disclosing or making public any confidential information regarding the plaintiff, his business, directors, shareholder and or its customers and their accounts.
On 1st July, 2015 Sergon J granted interim orders pending the hearing and determination of the application. The application was opposed and subsequent thereto counsel for the parties filed written submissions and cited some authorities which I have considered.
It is about one and half years since this suit was filed and interim orders issued. That notwithstanding even after the closure of pleadings herein the parties have not taken any steps towards the prosecution of this suit. The issues complained of in the plaint are the same issues raised in the application for injunction, and going by the defences filed by the defendants it is clear to me that any ruling on the application for injunction will have an impact on the final determination of the suit. This is because the substratum of the suit is the publication complained of and the reply by the defendants. If I were to address the application for injunction at this stage there is real danger that the issues for determination may be compromised.
I know the principles that govern the grant of injunction orders but deem it necessary to avoid any analysis of the pleadings, the facts, the evidence and authorities cited at this stage. I direct that the parties comply with Order 11 of the Civil Procedure Rules with a view to having this matter set down for hearing. In effect the application for injunction is denied and each party shall bear their own costs.
Dated, signed and delivered at Nairobi this 30th Day of November, 2016.
A. MBOGHOLI MSAGHA
JUDGE