Search court decisions

…Two features of the interim order confirm that the trial court struck a proper balance.…

…First, the order is interim and provisional only; it decides nothing finally and abides the outcome of the DNA test and the main suit.…

…That pending the hearing of this application inter parties, the Honourable Court be pleased to issue an interim order of stay of execution of the Ruling dated 19th September, 2024 pending the hearing and determination of…

…That the Honourable Court be pleased to issue an interim order of stay of execution of the ruling dated 19th September, 2024 and any decree arising therefrom pending the hearing and determination of the appeal. 4.…

…Stephen Mwangi Kimani (the Applicant) moved this court by way of the Notice of Motion dated 17/02/2025 (the Applicaiton) seeking an interim order directing the Law Society of Kenya and Joseph Karanja Muchai (the 1 st and…

…It is not lost to me that, if any interim orders had been made in respect of prayer 2 of the application which seeks interim order to pull down the offending posts pending the hearing and determination of this application…

…The interim order was granted ex parte at the first instance in order to hold the position until the Defendant was heard. Such an order is necessarily provisional.…

…Even where notice of the interim order is established, authorship, procurement or control of the later third-party publication must still be proved to the applicable standard.…

…On the material before court, an interim order is deserved to preserve the substrstum of the appeal pending arguments on the application. The application be served. Response be filed in 14 days.…

…An interim order of stay is hereby issued pending further orders/directions on the mention date. Mention on 2.12.25 '…

…I am, in light of the explanation tendered by counsel for the appellant, inclined to grant an interim order of stay of execution of the judgment delivered on 15.6.2021 in Milimani CMCC NO 8312 of 2018 until 21.7.2026.…

…Upon the Appellant''s Notice of motion dated 27th October 2025 coming up for directions at the ex parte stage for certification of the same as urgent and for consideration of it''s prayer for issuance of an interim order…

…Upon the Appellants' Notice of Motion dated 9.12.2025 coming up for hearing before me this 9.12,2025 ex parte for orders of certification as urgent and for grant of interim order of stay of execution of the judgment entered…

…certified as urgent. ii) The same be served within 2 days and a response be filed and served within 6 days from the date hereof. iii) Inter Partes hearing is scheduled on 16th December 2025 by way of oral submissions. iv) An order…

…The Appellant/Applicant’s Notice of Motion dated 2ndApril, 2025 seeks orders as follows:- “ (a) (Spent) (b) That pending the hearing and determination of this application, this court to issue an interim order of stay of execution…

…of its judgment of 27th March 2025 and an interim order of stay of execution of the decree in Mavoko CMCC Civil Suit No. 1051 of 2016: Edna Kemunto Machuki & Anor v Athi River Shalom Community Hospital.…

…THAT pending the hearing and determination of the instant Notice of Motion, the Honourable Court be pleased to grant an interim order of injunction restraining persons purportedly elected on the 24 th July 2024, the same…

…THAT pending the hearing and determination of the suit filed by the Plaintiffs herein, the Honourable Court be pleased to grant an interim order of stay, staying the implementation of the resolutions arising from the proceedings…

…THAT pending the hearing and determination of the instant Notice of Motion, the Honourable Court be pleased to grant an interim order of injunction restraining persons purportedly elected on the 24 th July 2024, the same…

…THAT pending the hearing and determination of the suit filed by the Plaintiffs herein, the Honourable Court be pleased to grant an interim order of stay, staying the implementation of the resolutions arising from the proceedings…

…I therefore make the following orders :- i) This application is certified as urgent. ii) An interim order of stay of execution is hereby granted against the ruling delivered on 25.8.2025 in Webuye Law Court MCCC E145 of 2025…

…That an interim order may be varied, reviewed, or set aside if there is discovery of new or important evidence or if there has been a material change in circumstances since the original order was made.…

…The respondent’s argument is that there is no conflict between the orders dated 8/06/2022 and 29/08/2023, and that an interim order can be varied, reviewed, or set aside upon the discovery of new or important evidence or…

…That an interim order may be varied, reviewed, or set aside if there is discovery of new or important evidence or if there has been a material change in circumstances since the original order was made.…

…The respondent’s argument is that there is no conflict between the orders dated 8/06/2022 and 29/08/2023, and that an interim order can be varied, reviewed, or set aside upon the discovery of new or important evidence or…

…RESPONDENT RULING Introduction The Appellant/Applicant filed a Notice of Motion dated 1 December 2023 seeking the following orders: (spent) That this Honourable Court be pleased to grant an interim order for stay of execution…

…of the judgment and/or decree entered herein at Gatundu CMCC NO. 452 of 2018 on 25 October 2023 pending the hearing and determination of this application inter partes ; That this Honourable Court be pleased to grant an interim…

…Consequently:- (a)I recertify the matter as urgent and consider it exparte ; (b) Pending the hearing of the Notice of Motion dated 22nd July 2025 interpartes, an interim order of injunction is hereby issued restraining the…

…In the case of Cooperative Bank of Kenya Ltd v Banking Insurance & Finance Union (Kenya) [2015] eKLR, it was held that: “An order or stay of execution pending appeal is ordinarily an interim order which seeks to delay the…

…The applicant contend agrees that she was served with the notification for sale of the suit property which was scheduled for 29th November 2024 and successfully obtained an interim order of injunction.…

…Consequently, the application dated 7th November 2024 is Dismissed with the Cost and the interim Order issued by this court on 21st November 2024 is hereby discharged.…