The 1st Defendant has filed an application dated 17.06.2021 seeking to discharge an interim injunction issued on 09.06.2017 and to dismiss the suit for want of prosecution. The application is opposed by by the Plaintiff.
I have heard the arguments and I agree that the lifetime for an interlocutory injunction under Order 40 of the Civil Procedure Rules is one year. The Plaintiff has not made any application to extend its life despite the fact that this application was filed in 2021.I do not find any reason to give life to the injunction. I will however give the Plaintiff a chance to proceed with its case on strict terms.
The application dated 17.06.2021 is allowed to the extent that the interim orders given by the court on 09.06.2017 are hereby discharged forthwith. The suit is fixed for hearing on 30.05.2023.
The matter shall be mentioned for pre-trial directions on 04.04.2023 before the DR.
DATED and DELIVERED at NAIROBI this 10th day of MARCH 2023
D. S. MAJANJA
JUDGE