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Section 1004 of The Companies Act No. 17 of 2015: Power of the Court to grant injunctions in certain cases

    

(1) The Attorney General or a person who claims to have been, to be or to be about to be adversely affected—
(a) by the past or continuing conduct of, or by a threat to engage in conduct made by, a person referred to in subsection (2); or
(b) by the past or continuing refusal or failure, or by a threatened refusal or failure, of a person do an act or thing that the person is required by this Act to do,
may apply to the Court to grant an injunction under subsection (2) or (3).
(2) If, on the hearing of an application under subsection (1), the Court is satisfied that a person has engaged, is engaging or has threatened to engage in conduct that constituted, constitutes or would constitute—
(a) a contravention of, or a failure to comply with, this Act;
(b) attempting to contravene, or fail to comply with, this Act;
(c) aiding, abetting, counselling or procuring a person to contravene, or fail to comply with, this Act;
(d) inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene or fail to comply with this Act;
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of, or a failure to comply with, this Act by a person; or
(f) conspiring with others to contravene or fail to comply with this Act, the Court may grant an injunction, on such terms as it considers just, restraining the person from engaging in the conduct and, if in the opinion of the Court it is desirable to do so, requiring the person to do any specified act or thing.
(3) If a person has refused or failed, is refusing or failing, or is proposing to refuse or fail, to do an act or thing that the person is required by this Act to do, the Court may, on hearing of an application under subsection (1), grant an injunction, on such terms as the Court considers appropriate, requiring the person to do that act or thing.
(4) If, in the opinion of the Court it is desirable to do so, it may grant an interiminjunction pending determination of an application made under subsection (1).
(5) The Court may discharge or vary an injunction granted under subsection
(2), (3) or (4).
(6) The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind;
(b) whether or not the person has previously engaged in conduct of that kind; and
(c) whether or not there is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind.
(7) The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised—
(a) whether or not it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing;
(b) whether or not the person has previously refused or failed to do that act or thing; and
(c) whether or not there is an imminent danger of substantial loss or damage to any other person if the person refuses or fails to do that act or thing.
(8) The Court may not require an applicant under this section or any other person to give an undertaking as to damages as a condition of granting an interim injunction.
(9) In proceedings under this section against a person, the Court may make an order under section 1003 in respect of the person.
(10) In dealing with an application under this section for the grant of an injunction restraining a person from engaging in particular conduct, or requiring a person to do a particular act or thing, the Court may, either in addition to or instead of, granting an injunction, order that person to pay damages to the applicant or to any other person.
(11) Subsection (10) applies to an application made by the Attorney General only if, and to the extent that, the Attorney General has made the application for the benefit of another person who has sustained loss or damage in consequence of the conduct, or the refusal or failure, of the person to do the particular act or thing concerned.

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Disclaimer: This document is not to be taken as legal advise.

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