Case law
Search tips: "exact phrase" · -exclude · land | property · negligen* · citations like [2023] KEHC 123
Division and case type: CivilCivil Appeal
…Hence, the respondent had no basis for seeking the orders contained in his application for an interlocutory injunction.…
…There was therefore nothing upon which the respondent could have been granted the interlocutory injunction that he sought.…
Division and case type: High Court CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…E287 of 2023 in which the trial court allowed the Respondent’s application dated 10th April 2023 seeking interlocutory injunction against the Appellant. 2.…
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent.…
Division and case type: High Court CivilCivil Appeal
…The conditions for the grant of an interlocutory injunction are, first, that an Applicant must show a prima facie case with a probability of success; secondly, that an interlocutory injunction will not normally be granted…
…As we have seen above, the principles governing the grant of interlocutory injunctions are well settled in Giella v Cassman Brown (supra).…
Division and case type: High Court DivCivil Appeal
…injunctions. b) That the learned magistrate misdirected himself on the law on grant of interlocutory injunctions. c) That the learned magistrate’s refusal to grant an interlocutory injunction amounted to wrongful exercise…
…to be determined at the hearing of the main suit instead of the principles for grant of interlocutory injunction as set out in case of Giella -vs- Cassman Brown (1973) EA 358 thus; “The conditions for the grant of an interlocutory…
Division and case type: CivilCivil Appeal
…NO. 5936 OF 1993) JUDGMENT OF THE COURT This is an appeal by the defendants against the grant by the superior court (Dugdale J), of an interlocutory injunction on the 11th day of April, 1994 restraining them from entering…
…The application for interlocutory injunction made by the plaintiff was heard fully by the Judge who was satisfied that the plaintiff established a prima facie case with a reasonable probability of success and that the plaintiff…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In summary, the Appellant faults the learned trial magistrate for allegedly erring both in law and in fact by discharging the interlocutory injunction issued on 4th April 2022; failing to appreciate the adverse effects of…
…Whether the learned trial magistrate properly exercised discretion under Order 40 Rule 7 of the Civil Procedure Rules in discharging the interlocutory injunction issued on 4th April 2022. ii.…
Division and case type: High Court CivilCivil Appeal
…This Appeal arises from the refusal by the trial Court in Eldoret Chief Magistrate’s Court Civil Case No E1011 of 2024, to grant an interlocutory injunction to restrain the Respondent from exercising its chargee’s statutory…
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
Division and case type: CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury. Thirdly, balance of convenience comes in if the court is in doubt.…
…This is one of the requirements a judge may consider when granting an interlocutory injunction as pointed out in Order 39 rule 2(2) of Civil Procedure Rules.…
Division and case type: High Court CivilCivil Appeal
…A temporary/interlocutory injunction is a court order made in the early stages of a lawsuit or petition which prohibits the parties from doing an act in order to preserve the status quo until a pending ruling or outcome.…
…The locus classicus case on granting of interlocutory injunctions, is that of Giella vs Cassman Brown [1973] E.A 358, where it was stated as follows;- “The conditions for grant of an interlocutory injunction are now, I think…
Division and case type: High Court CivilCivil Appeal
…The Appellant opposed the application on the basis that it had not met the three-pronged threshold for interlocutory injunction as established in the case of Giella v.…
…The principles governing the grant of interlocutory injunction are now settled.…
Division and case type: High Court DivCivil Appeal
…The magistrate erred in allowing an application for an interlocutory injunction when the prerequisites were never met and when orders sought were not predicated on similar prayers in the main suit.…
…Family Bank Ltd & two others [2014] eKLR , which confirms that an interlocutory injunction cannot granted to exist in a vacuum without a corresponding final relief sought and anticipated at the end of the suit. 12.…
Division and case type: High Court CivilCivil Appeal
…These are the three pillars on which rests the foundation of any order of injunction, interlocutory or permanent. …
…The law requires the applicant to show that it has a prima facie case with a probability of success in order to persuade the court to grant an interlocutory injunction in its favour., the Court of Appeal in the case of Mrao…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…From the affidavits on record, submissions and cited cases, the issues arising for determination are: a) Whether the Appellant has met the threshold for grant of an interlocutory injunction pending appeal b) Whether the Appellant…
…Analysis and Determination a) Whether the Appellant has met the threshold for grant of an interlocutory injunction pending appeal 12.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Issues for Determination From the affidavits on record, submissions and cited cases, the issues arising for determination are:Whether the Appellant has met the threshold for grant of an interlocutory injunction pending appeal…
…Analysis and Determination Whether the Appellant has met the threshold for grant of an interlocutory injunction pending appeal The principles governing the grant of interlocutory injunctions were first articulated in Giella…
Division and case type: High Court CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…, interlocutory or permanent.…
Division and case type: High Court CivilCivil Appeal
…Secondly, an interlocutory injunction will not normally be granted unless the applicant might otherwise suffer irreparable injury, which would not adequately be compensated by an award of damages.…
…, interlocutory or permanent.…
Division and case type: High Court DivCivil Appeal
…injunction can be granted. 29.…
…Concerning the second order seeking an interlocutory injunction pending the hearing and determination of the suit, the germane principles on interlocutory injunctions originated from the Court of Appeal in East Africa in…
Division and case type: High Court DivCivil Appeal
…The learned Magistrate erred in law and misdirected herself by finding that the Respondents were entitled to an order for interlocutory injunction restraining the Appellant disposing property title number Baringo/Kapropita…
…The learned Magistrate erred in law and misdirected herself by finding that the Respondents had satisfied the grounds for the grant of the interlocutory injunction. c.…
Division and case type: High Court DivCivil Appeal
…The learned Magistrate erred in law and misdirected herself by finding that the Respondents were entitled to an order for interlocutory injunction restraining the Appellant disposing property title number Baringo/Kapropita…
…The learned Magistrate erred in law and misdirected herself by finding that the Respondents had satisfied the grounds for the grant of the interlocutory injunction. c.…