[2021] KEHC 5248 (KLR)
The court found that the plaintiff's alleged loss, specifically the Kshs. 500,000 already spent, is quantifiable and capable of compensation in monetary terms. There was no evidence of irreparable loss beyond this sum. To balance the interests of both parties and protect the substratum of the dispute, the court...
Source-derived case information.
- Citation
- [2021] KEHC 5248 (KLR)
- Parties
- Plaintiff: Ultra Electic Limited; Defendant: Triad Architects Limited; Defendant: Mizphah Contractor Agency; Defendant: Metrocom Consultants Limited
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E016 of 2021
- Procedural Posture
- Civil Suit / Ruling on Interlocutory Injunctive Relief and Security for Costs
- Outcome
- Conditional discharge of injunctive orders; security for costs ordered.
- Judges
- CA Otieno
- Legal Topics
- Interlocutory Injunctions, Security for Costs, Monetary Compensation, Balance of Convenience
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Ultra Electic Limited
Plaintiff
Triad Architects Limited
Defendant
Mizphah Contractor Agency
Defendant
Metrocom Consultants Limited
Defendant
Procedural Posture
Civil Suit / Ruling on Interlocutory Injunctive Relief and Security for Costs
Legal Issues
- 1 Whether the injunctive orders previously granted should be extended or discharged.
- 2 Whether the plaintiff's claimed expenditure is at risk of irreparable loss absent continued injunctive relief.
- 3 Whether monetary compensation is an adequate remedy for the plaintiff's alleged loss.
Ratio Decidendi
The court found that the plaintiff's alleged loss, specifically the Kshs. 500,000 already spent, is quantifiable and capable of compensation in monetary terms. There was no evidence of irreparable loss beyond this sum. To balance the interests of both parties and protect the substratum of the dispute, the court ordered that the injunctive orders be discharged on condition that the 1st, 2nd, and 4th defendants deposit Kshs. 700,000 into court within 48 hours. If the deposit is not made, the injunctive orders would be reinstated. This approach ensures that the plaintiff is protected against monetary loss while allowing the project to proceed, thereby minimizing further incidental costs.
Court Disposition
Conditional discharge of injunctive orders; security for costs ordered.
Orders
- The injunctive orders are discharged on condition that the 1st, 2nd, and 4th defendants deposit Kshs. 700,000 into court within 48 hours.
- If the deposit is not made within 48 hours, the injunctive orders shall be reinstated from the date of default.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
CIVIL SUIT NO. E016 OF 2021
ULTRA ELECTIC LIMITED..................................................................PLAINTIFF
VERSUS
TRIAD ARCHITECTS LIMITED ................................................1ST DEFENDANT
MIZPHAH CONTRACTOR AGENCY.....................................2ND DEFENDANT
METROCOM CONSULTANTS LIMITED................................3RD DEFENDANT
RULING
1. I have considered the submissions by parties and I consider that it is important to balance the competing interests of the parties herein. We need to protect the substratum of the dispute and that of the 4th defendant, that the project proceeds to obviate the incidental costs occasioned by stoppage.
2. I note that the plaintiff says that it has spent and outlaid itself in sum of Kshs. 500,000/= which may be lost if injunctive orders in place are not extended.
3. Doing the best I can, I take the view that the disclosed injury, damage is capable of compensation in monetary terms to the extent of the exposure.
4. On that understanding, I do discern no loss beyond the sums spent so far, and maybe incidental injury capable of qualification on monetary terms.
5. Consequently, I do discharge the orders but on terms that the defendants present, 1st, 2nd and 4th, shall deposit into court a sum of Kshs. 700,000 within 48 hours from now.
6. The discharge takes effect upon deposit and in the event that the deposit is not effect the injunctive orders shall stand reinstated from the date of default.
PATRICK J.O OTIENO
JUDGE
01/07/2021