SH Trading DMCC & another v Farr & another (Civil Case E452 of 2025) [2026] KEHC 5706 (KLR) (Commercial and Tax) (17 April 2026) (Ruling)

SH Trading DMCC & another v Farr & another (Civil Case E452 of 2025) [2026] KEHC 5706 (KLR) (Commercial and Tax) (17 April 2026) (Ruling)

The preliminary objection is dismissed as it raises factual disputes unsuitable for determination at this stage. The Plaintiffs have demonstrated an arguable claim and a real risk of dissipation of funds, justifying the grant of preservatory orders.

Citation
[2026] KEHC 5706 (KLR)
Parties
Plaintiff: SH Trading DMCC; Plaintiff: Cord Kabus Dupree; Defendant: Afriswiss Commodities Trading Ltd; Defendant: Lynwood Farr
Court
High Court
Jurisdiction
Kenya
Judgment Date
17 April 2026
Case Number
Civil Case E452 of 2025
Procedural Posture
Civil / Interlocutory Application (ruling on Preliminary Objection and Motion for Preservatory Orders)
Outcome
Preliminary objection dismissed; preservatory orders granted.
Legal Topics
Preservatory Orders, Preliminary Objection, Contract Enforcement, Bank Account Freezing
Source Language
English
Commercial Law Civil Procedure Preservatory Orders Preliminary Objection Contract Enforcement Bank Account Freezing

Case Brief

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Parties

SH Trading DMCC

Plaintiff

Cord Kabus Dupree

Plaintiff

Afriswiss Commodities Trading Ltd

Defendant

Lynwood Farr

Defendant

Procedural Posture

Civil / Interlocutory Application (ruling on Preliminary Objection and Motion for Preservatory Orders)

Legal Issues

  1. 1 Whether the Preliminary Objection is merited
  2. 2 Whether the Plaintiffs have satisfied the threshold for grant of preservatory orders pending trial

Ratio Decidendi

The preliminary objection is dismissed as it raises factual disputes unsuitable for determination at this stage. The Plaintiffs have demonstrated an arguable claim and a real risk of dissipation of funds, justifying the grant of preservatory orders.

Court Disposition

Preliminary objection dismissed; preservatory orders granted.

Orders

  • Preliminary objection dated 30th July 2025 dismissed with costs to Plaintiffs.
  • Interim preservatory orders issued pursuant to the Notice of Motion dated 5th July 2025 confirmed.