In the application dated 02.03.2023, the Plaintiffs seek orders of injunction to restrain the Defendant from dealing with the business of Africom Media Limited ("the Company"). The Plaintiffs case is the Defendant is the beneficial owner of their shares in the Company. Although, the dispute relates to the ownership of the shares in the Company, the injunction the Plaintiffs seek will interfere with the business of the Company.
It is trite law that the court cannot issue an injunction against a party who is not party to the suit or who is adversely affected without hearing the party (see Pashito Holdings Ltd and Another v Paul Nderitu Ndungu and Others [1997[ eKLR). Although the shareholding of the Company is in dispute, the fact remains that he Company is an independent entity from its shareholders. It must therefore be party to these proceedings. I therefore strike out the application dated 2nd March 2023 with costs to the Defendant.
The matter shall be mentioned on 17.05.2023 before the DR for further directions and orders.
DATED and DELIVERED at NAIROBI this 13th day of APRIL 2023
D. S. MAJANJA
JUDGE