Megascope Healthcare Kenya Ltd v Nation Media Group Limited & 4 others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MILIMANI LAW COURTS CIVIL SUIT NO. E094 OF 2020 MEGASCOPE HEALTHCARE KENYA LTD...........................................PLAINTIFF VERSUS NATION MEDIA GROUP LIMITED...............................................1 ST DEFENDANT MUTUMA MATHIU, THE EDITORAL DIRECTOR NATION MEDIA GROUP LIMITED.............................................2 ND DEFENDANT EMMANUEL JUMA, THE MANAGING DIRECTOR NATION MEDIA GROUP LIMITED............................................3 RD DEFENDANT DENNIS OKARI.............................................................................. 4 TH DEFENDANT GODWINS AGUTU..........................................................................5 TH DEFENDANT RULING 1) In this file and in Nairobi H.C.C. E136 of 2020 Crown solutions Ltd =vs= Dennis Okari and 3 others this court issued both mandatory and prohibitory orders of injunction against the defendant. Mr. Kiragu Kimani, learned advocate for the defendants urged this court to make an order directing the plaintiff to give an undertaking as to damages. 2) The plaintiff’s advocate is of the submission that the court having delivered its ruling is rendered functus officio. 3) In this case it is apparent that the court did not make an order directing the plaintiff to provide an undertaking as to damages as a condition for the grant of the order of injunction at the time of delivering its ruling. 4) It is a discretionary order which the court may make in some cases. The parties did not address this court over the issue at the time of arguing the application. 5) The defendants’ advocate urged the court to consider making the order after it delivered its ruling. 6) With respect, I agree with the plaintiff’s advocate that the court is rendered functus officio in the matter and it cannot go back to the ruling unless a party seeks to review the same which is not the case in the instant application. 7) In the end, I decline to grant the oral application. Dated, Signed and Delivered online via Microsoft Teams at Nairobi this 21 st day of May, 2021. ............................ J. K. SERGON

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