Case law
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Division and case type: CivilCivil Appeal
…the corpse and thirdly that the defendants and each of them etc be restrained by injunction from removing the body of the deceased from where it now lies.…
…Simultaneously the defendants’ application for injunction orders against the plaintiff were dismissed with costs.…
Division and case type: CivilCivil Appeal
…As was to be expected, the plaintiff having earlier succeeded in obtaining appropriate injunctions against Saul and Nyambu, then sought the interlocutory injunctions contained in his Chamber Summons dated 26th October, 1992…
…This is so since the interlocutory injunctions granted him by the superior court have been upheld.…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Appeal
…In the plaint the appellant prayed for an order of injunction against his eviction and restoration to the suit premises.…
…In our view, the only issue of importance in this appeal is: was the learned judge right in refusing the appellant’s plea for temporary injunction?…
Division and case type: CivilCivil Appeal
…The learned judge however granted an injunction to restrain the defendant from interfering with the plaintiff in his development of the suit premises.In this appeal it has been argued that having granted this injunction the…
…Viscount Finlay explained that the power to award damages to the party injured either in addition to or in substitution for an injunction if the damages are given in addition to the injunction they are to compensate for the…
Division and case type: CivilCivil Appeal
…Hence the plaintiff filed the suit in the superior court and claimed an injunction.…
…would suffer irreparable loss unless the injunction was granted.…
Division and case type: CivilCivil Appeal
…Finding no alternative the respondent sought the injunction in terms as granted. Mr.…
…Camman Brown (1973) E.A, 358 principles were satisfied and in our view the learned judge exercised his discretion to grant the injunction in question quite properly. Mr.…
Division and case type: CivilCivil Appeal
…The application was heard interpartes and injunction granted on May 8, 1986 to last till the determination of the appeal.…
…Evidence by way of affidavits in an application for injunction is not complete.…
Division and case type: CivilCivil Appeal
…On that date there was no appearance for the appellant and the injunction given ex parte on 4th July, 1994 was confirmed.…
…An interim injunction was issued which was extended from time to time until 19th October, 1994, when the application was finally heard.…
Division and case type: CivilCivil Appeal
…Accordingly the injunctions granted by Trainor, J were discharged.…
…The Plaintiff Company has now brought the appeal against the substantive refusal to grant the injunctions applied for.…
Division and case type: CivilCivil Appeal
…To forestall the auction sale, the respondent promptly sued and immediately thereafter obtained an ex parte injunction.…
…He consequently granted the orders for injunction. On appeal to us, Mr.…
Division and case type: CivilCivil Appeal
…In the alternative, the applicant seeks an order of injunction against Maina Muchiri (the plaintiff) restraining him, his servants and agents from selling, disposing of, transferring or otherwise dealing with the property…
…We are satisfied that the applicant has an arguable appeal which, if successful, would be rendered nugatory if a stay or injunction is not granted. The plaintiff has been registered as proprietor already.…
Division and case type: CivilCivil Appeal
….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…
…The usual rule is that an injunction is granted to preserve the subject-matter pending the hearing and the determination of the action so that the rights if any of an appellant are safeguarded to prevent the appeal, if successful…
Division and case type: Anti-CorruptionCivil Appeal
…Accordingly, the appeal would be dismissed and the injunction restraining the rm from acting for the defendant would be continued...” 6.…
…Hence refusal of the injunction.…
Division and case type: CivilCivil Appeal
…Upon the filing of the suit, the applicants applied for and obtained exparte, a temporary injunction which did not apply to the 1st respondent’s Korosho Road house because at that time the correction in its description had…
…As stated in Constitutional and Administrative Law, ECS Wade and AW Bradley, (10th Edn, 1985 pp 660 - 661): “An injunction may be claimed against a public authority or official, to restrain unlawful acts which are threatened…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…
Division and case type: CivilCivil Appeal
…Wandu's Emporium sought a mandatory injunction against the two respondents Ngugi Gitonga and Wargen Service Station Ltd.…
…The purpose of the said injunction was for the reinstatement of the applicant in certain premises from which it had apparently been evicted. Juma, J. rejected the application on the 23rd February, 1996.…
Division and case type: CivilCivil Appeal
…Learned counsel Mr Oraro said it was trite rule of law that before a person applies for a temporary injunction he or she must show a cause of action which is dependant on the validity of the plaint.…
…In other words the application for a temporary injunction was a non-starter from the date of filing. For the sake of clarity the court repeats.…
Division and case type: CivilCivil Appeal
…been filed in the High Court seeking an injunction to restrain the Corporation from retiring the applicants.…
…to restrain only and not a mandatory injunction for a reinstatement.…
Division and case type: CivilCivil Appeal
…On 25th April 1994, the Mayor applied for a temporary injunction against the appellants and the Council.…
…Knowing the frequency with which ex parte injunctions are applied for and obtained from the High Court-indeed such injunctions are granted as a matter of course and without any reason or reasons being assigned therefore as…