Case law
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Division and case type: CivilCivil Case
…RESPONDENTS RULING This is an application by way of Chamber Summons for a temporary injunction restraining the defendants/respondents from conducting elections until the determination of this suit.…
…On the same day Mr Justice Akiwumi granted the application for temporary injunction until 2.9.88 for hearing the application inter partes. On 2.9.88 Mr Justice Tank extended the injunction to 7.9.88.…
Division and case type: CivilCivil Case
…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
Division and case type: CivilCivil Appeal
…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
Division and case type: CivilCivil Appeal
…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
Division and case type: CivilCivil Appeal
…Counsel submitted that the Application dated 11th April, 2023 thus meets the threshold set for the granting of orders of temporary injunction.…
…Counsel cited Giella vs Cassman Brown (supra) for the conditions of grant of a temporary injunction.…
Division and case type: CIVIL DIVISIONCivil Case
…REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI CIVIL DIVISION CIVIL CASE NO 2959 OF 1996 Hassan & 4 others v Kenya Wildlife Service Injunction – temporary injunction – principles that guide the court in granting…
…Temporary injunction granted. Cases Giella v Cassman Brown and Co Ltd [1973] EA 358 Statutes 1. Constitution of Kenya section 115 (1) 2.…
Division and case type: Milimani Commercial CourtsCivil Case
…application by the plaintiff expressed to be brought under the provisions of Order XXXIX Rules 1, 2, and 3 of the Civil Procedure Rules and Section 3A of the Civil Procedure Act for one primary order, save for costs, that “a temporary…
…injunction do issue restraining the defendant whether by itself, its servants and/or employees from selling or offering for sale whether by public auction or private treaty, transferring, charging, leasing, pledging or in…
Division and case type: High Court DivCivil Appeal
…That a temporary injunction be issued restraining the plaintiff/ respondent by himself, his authorised agents, servants, workmen and any other person from executing the orders of this issued on 7th May 2025. d.…
…The applicant seeks for a temporary injunction pending hearing of the appeal filed herein.…
Division and case type: High Court CivilCivil Appeal
…The Appellant is therefore deemed to have complied with the procedure for instituting an appeal for the court to exercise its discretion to grant temporary injunction. 14.…
…The first test of a prima facie case for grant of temporary injunction has therefore been satisfied. 20.…
Division and case type: High Court CivilCivil Appeal
…This appeal emanates from the ruling of the trial court delivered on 24 th June 2025 on the Respondent’s application dated 20 th March 2025 seeking a temporary injunction restraining the Appellant from auctioning and/or exercising…
…Whether the learned trial magistrate properly exercised his discretion in granting the temporary injunction 20. The principles governing the grant of interlocutory injunction are now settled.…
Division and case type: High Court CivilCivil Appeal
…Pending the hearing and determination of this suit, there be temporary injunction against the respondents restraining them, their agents, representatives, assigns or any other person acting through them from selling by public…
…injunction.…
Division and case type: High Court CivilCivil Appeal
…Ltd [1973] EA 358 (Sir William Duffus P, Spry VP & Law JA), for grant of temporary injunctions, had not been established. 5. The appellant was aggrieved, hence the instant appeal.…
…Yet, the principal prayers, in both the plaint and the Motion, are on injunctions, permanent and temporary, for whom the considerations, for grant of either, are similar.…
Division and case type: High Court DivCivil Appeal
…The honourable court be and is pleased to issue a temporary injunction restraining the Defendant whether by themselves, their agents, assigns, employees and/or anyone else claiming under them from selling, transferring, hiring…
…The guiding principles for the grant of orders of temporary injunction are well settled and are set out in the judicial decision of Giella Versus Cassman Brown (1973) EA 358.…
Division and case type: High Court DivCivil Appeal
…The honourable court be and is pleased to issue a temporary injunction restraining the Defendant whether by themselves, their agents, assigns, employees and/or anyone else claiming under them from selling, transferring, hiring…
…The guiding principles for the grant of orders of temporary injunction are well settled and are set out in the judicial decision of Giella Versus Cassman Brown (1973) EA 358.…
Division and case type: High Court DivCivil Appeal
…This court is thus called upon to determine, firstly, whether the trial court erred in granting the temporary injunction. 14.…
…The principles for the grant of temporary injunctions were established in the case of Giella v Cassman Brown and Company Limited (1973) E.A 385.…
Division and case type: High Court DivCivil Appeal
…This court is thus called upon to determine, firstly, whether the trial court erred in granting the temporary injunction. 14.…
…The principles for the grant of temporary injunctions were established in the case of Giella v Cassman Brown and Company Limited (1973) E.A 385.…
Division and case type: High Court DivCivil Appeal
…[Spent] b) That pending the inter partes hearing and determination of this application, the honourable court be pleased to grant an order of temporary injunction, restraining the respondent, her agents, and Elimonyaco Auctioneers…
…KDM 177X. c) That pending the hearing and determination of the appeal herein, the honourable court be pleased to grant an order of temporary injunction, restraining the respondent, her agents, and Elimonyaco Auctioneers from…
Division and case type: High Court DivCivil Appeal
…This is an interlocutory judgment against the ruling of the court below, by which the 1st Respondent was granted a temporary injunction to restrain the Appellant from disposing the property LR Mavoko Town Block 3/6618 pending…
…The said temporary injunction stopped the appellant from exercising what it believes is its legally valid statutory powers of sale. 2.…
Division and case type: High Court DivCivil Appeal
…The facts of this matter are that on 22nd August 2024, the trial court dismissed the Appellant's notice of motion application dated 7th May 2024 which was seeking a temporary injunction.…
…injunction. 6.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The rule commences with the provision, “where in any suit ...” and then proceeds to outline the circumstances under which a temporary injunction may be granted.…
…Order 40 is titled ‘Temporary Injunctions and Interlocutory Orders’ and goes on to provide for cases in which a temporary injunction may be granted “where in any suit it is proved by affidavit or otherwise.”…