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…Kisila asserted that the pleadings filed herein disclose no wrongful conduct, breach, or relief sought against the 3rd defendant.…

…The plaintiffs contended that these matters give rise to a substantive relief sought directly against the 3rd defendant.…

…However, when the matter came up on that date, the Court file could not be traced, and despite the plaintiff’s request for interim orders due to a scheduled auction on 13th May 2025, the Court declined to grant the said relief…

…That although no interim relief was granted ex parte, the Court ordered service of the application and fixed it for inter partes hearing on 5th June 2025.…

…I am minded that in order for a litigant to seek a temporary injunction as an interim relief, a substantive prayer for permanent injunction or similar relief must be sought in the plaint.…

…, the applicant must have included a substantive prayer for permanent injunction or similar relief in the plaint.…

…The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.…

…The Doctrine’s purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which juridical relief is unnecessary. 27.…

…Ochieng, learned Counsel for the 1st defendant acknowledged that the plaintiff has elected to seek relief under Section 35(4) of the Copyright Act based on a reasonable royalty, which is defined as the royalty a willing licensee…

…It states that – Infringement of any right protected under this Act shall be actionable at the suit of the owner of the right and in any action for infringement the following reliefs shall be available to the plaintiff -…

…Counsel further submitted that the Ngong Magistrate’s Court case was only in respect to interim reliefs and did not address Arbitration, hence this application is not res judicata.…

…Explanation (5) - Any relief claimed in a suit, which is not expressly granted by the decree shall, for the purposes of this section, be deemed to have been refused.…

…The doctrine that, if an administrative remedy is provided by statute, a claimant must seek relief first from the administrative body before judicial relief is available.…

…The Doctrine’s purpose is to maintain comity between the courts and administrative agencies and to ensure that courts will not be burdened by cases in which juridical relief is unnecessary. 13.…

…Mucheke deposed that the instant application fails the legal tests for a derivative action and for injunctive relief, as no prima facie case, irreparable harm, or balance of convenience in the applicants’ favour has been…

…Mucheke thus urged the Court to dismiss this application with costs, and in the event that it is inclined to grant the injunctive relief sought, the same be granted on condition that a substantial cash undertaking equivalent…

…It stated that the reliefs sought by the plaintiff in paragraph (g) of its amended plaint ought to have been litigated in HCCC No. 577 of 2011. 24.…

…The plaintiff goes further to seek a relief in this regard at paragraph (f) of the amended plaint.…

…He further averred that the said suit sought injunctive and declaratory orders relating to Director appointments, not monetary relief.…

…The plaintiffs on the other hand averred that the reliefs sought in the suit were injunctive and declaratory in nature, in respect to Director appointments, and not monetary claims.…

…The issue that arises for determination is whether the plaintiff is entitled to the reliefs sought in the plaint. 23.…

…Maxam Ltd laid out a justifiable basis for that relief.…

…He contended that the relief being sought by the applicants herein, is no longer available before the Commercial Division of the High Court.…

…She submitted that an applicant must demonstrate membership in the company, a cause of action vested in the company, and that the claim seeks relief on behalf of the company arising from Directors’ negligence, breach of duty…

…He submitted that it is a principle of equity and natural justice that a dishonest party who fails to disclose material facts within his knowledge is not entitled to benefit from reliefs given in his favour exparte and such…

…must disclose to the court all matters relevant to the exercise of the court’s discretion whether or not to grant relief before giving the defendant an opportunity to be heard.…

…The Grounds on which the Petition is presented and the nature of relief must be specified in the Petition. ……………………………………................…

…In addition it must be a procedure within which a deserving Applicant can seek and obtain Interlocutory relief pending the substantive outcome.…

…He averred that the applicant is no longer a Director of the plaintiff company, neither does he have any rights or interests in the reliefs sought by the plaintiff against the defendant, to warrant the making of the instant…

…From the foregoing, it is clear that there is no relief flowing from the applicant to the plaintiff, hence there is no justification for the applicant to be joined to these proceedings as the 2nd defendant. 19.…

…Morjaria maintained that the subject matter of this petition cannot be referred to arbitration and that an arbitrator would lack jurisdiction to grant the statutory reliefs sought, which are a preserve of the High Court’s…

…Counsel submitted that claims under Sections 780 & 782 of the Companies Act, 2015, which seek relief for unfair prejudice, are arbitrable.…

…E174 of 2024, which seeks injunctive relief against the 8th and 9th defendants, whereas this suit seeks recovery of the loans advanced to the 2nd plaintiff from the 1st to 7th defendants personally. Mr.…

…same parties, or between parties under whom they or any of them claim, litigating under the same title and such suit or proceeding must be pending in the same or any other Court having jurisdiction in Kenya to grant the relief…

…Whether the plaintiff is entitled to the reliefs sought in the plaint. 43. As was correctly submitted by Mr.…

…Section 35(4) of the Copyright Act provides for the remedies and/or relief available to the plaintiff in the case of infringement of a copyright.…

…He stated that granting additional reliefs supports the said constitutional imperative and that the balance of convenience tilts in favour of granting the reliefs sought to maintain the integrity of the Arbitration proceedings…

…Muhoho urged this Court to dismiss the defendants’ application dated 5th December 2024, seeking to strike out the additional reliefs sought in the amended application which do not introduce any new cause of action as they…

…Section 238 defines a derivative claim as hereunder - 1) In this Part, "derivative claim" means proceedings by a member of a company- a) in respect of a cause of action vested in the company; and b) seeking relief on behalf…

…or relief for the company itself, all the shareholders including the wrong doers, and not for the personal benefit of the suing minority shareholders (s)….. it is a cardinal principle in company law that it is for the company…