[2004] KEHC 1626 (KLR)
The court found that the applicant had a contract with the respondent, subject to certain conditions, and that the issue of his expulsion had been properly dealt with by the respondent. The court held that it could not compel the respondent to accept the applicant back, especially where his co-growers were...
Source-derived case information.
- Citation
- [2004] KEHC 1626 (KLR)
- Parties
- Plaintiff: Omwando Manyinsa; Defendant: Nyansiongo Tea Factory Co. Ltd
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 107 of 2004
- Procedural Posture
- Civil Case / Ruling on Interlocutory Injunction Application
- Outcome
- application dismissed with costs
- Legal Topics
- Interlocutory Injunctions, Contractual Relationships, Expulsion of Member, Damages for Breach
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Omwando Manyinsa
Plaintiff
Nyansiongo Tea Factory Co. Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Interlocutory Injunction Application
Legal Issues
- 1 Whether the applicant is entitled to a mandatory interlocutory injunction compelling the respondent to accept his green tea leaves pending determination of the suit.
- 2 Whether the applicant will suffer irreparable loss if the injunction is not granted.
- 3 Whether damages would be an adequate remedy for the applicant.
Ratio Decidendi
The court found that the applicant had a contract with the respondent, subject to certain conditions, and that the issue of his expulsion had been properly dealt with by the respondent. The court held that it could not compel the respondent to accept the applicant back, especially where his co-growers were dissatisfied with him. Furthermore, any loss suffered by the applicant could be adequately compensated by damages, and therefore, he would not suffer irreparable loss. As a result, the application for a mandatory interlocutory injunction lacked merit and was dismissed with costs.
Court Disposition
application dismissed with costs
Orders
- The application for a mandatory interlocutory injunction is dismissed with costs.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISIICIVIL CASE NO.107 OF 2004 OMWANDO MANYINSA ………………………………………….. PLAINTIFF
VERSUS NYANSIONGO TEA FACTORY CO. LTD…………………… DEFENDANT.
RULING Applicant’s application is for grant of a mandatory interlocutory injunction compelling the respondent to accept the applicant’s green tea leaves from plot No. West Mugirango/Bosamaro East/1083 until the hearing and determination of the suit.
Applicant told court that he is a registered tea grower with the respondent company. He has 4,000/= tea bushes and he deliver his tea to the respondent. His grower’s No. is NS.600034. He earns his income from tea.
On 31/5/04 the respondent wrote to him and he was expelled from the Company.
The application was opposed. The Respondent stated that the board of directors met and discussed the applicant’s behaviour and he was expelled. His co-growers were dissatisfied with him. He caused a buying centre to be closed.
I have considered the application and the objection. The application has no merit. The applicant has a contract with the Respondent. There are conditions to be met. The issue seems to have been exclusively dealt with before the applicant was expelled.
The court cannot now force the Respondent to accept the applicant back if his co-growers are dissatisfied with him.
Further as stated by counsel for the Respondent any loss the applicant might suffer can be adequately compensated by way of costs. The respondent is a buying company of means and it would not be difficult to pay any damages awarded.
Thus the applicant will not suffer any irreparable loss.
In the circumstances the application is dismissed with costs.
KABURU BAUNI JUDGE. 30/7/04