Case law
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Division and case type: High Court CivilCivil Appeal
…On the prayer for a permanent injunction, I am guided by the decision in Kenya Power & Lighting Co. Limited vs.…
…A permanent injunction perpetually restrains the commission of an act by the defendant in order for the rights of the plaintiff to be protected. In Bandari Investments & Co. Ltd vs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The background of the matter is that on 19th March 2020, the Respondent, then a plaintiff, commenced proceedings and sued the Appellant, then the defendant, seeking an order of permanent injunction restraining the Appellants…
…On 13th March 2019, after hearing both parties, the trial court delivered its judgment in favour of the Respondent, issuing an order of permanent injunction against the Appellant in the following terms; - “That the judgment…
Division and case type: High Court CivilCivil Appeal
…The appellant submitted that the respondent did not merit the equitable remedy of permanent injunction as she had failed to perform equity and discharge her loan obligations as per the loan agreement. 13.…
…The question in this case is whether there were any compelling factors that would warrant the granting a permanent injunction against the appellant? 50.…
Division and case type: High Court DivCivil Appeal
…The reliefs sought by the Appellant at trial were: (a) a permanent injunction barring the Respondent from engaging in horse rearing, keeping, breeding, or any horse-related business; (b) a permanent injunction barring the…
…On the claim for a permanent injunction barring the Respondent from the horse business: 18.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Ochoi, delivered on 24.5.24) Vide a statement of claim dated 24.10.23, the appellant sought the following reliefs against the respondent: a) A permanent injunction restraining the respondent, their agents, or any personnel…
…from interfering with water vending business of the appellant b) A permanent injunction restraining the respondent, their agents, or any personnel from removing and or repossessing the water meter belonging to the appellant…
Division and case type: High Court CivilCivil Appeal
…It sought a permanent injunction, to restrain the respondent from interfering with, visiting, threatening to kill or forcefully entering the home of the appellant, situate within Bunyala/Mudembi/3129.…
…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 CivilCivil Appeal
…Whether the trial court had erred in granting the orders of permanent injunction against the Appellant and the 2 nd Respondent iii.…
…Whether the trial court had erred in granting the orders of permanent injunction against the Appellant and the 2 nd Respondent 38. A permanent injunction fully determines the rights of the parties before the court.…
Division and case type: High Court DivCivil Appeal
…An order of permanent injunction restraining the Defendant, whether by himself, his agents, servants, employees, or any person acting on his behalf, from entering, remaining on, cultivating, trespassing upon, or otherwise…
…The court further granted a permanent injunction restraining the Appellant from entering upon or otherwise interfering with the suit property. 3.…
Division and case type: High Court CivilCivil Appeal
…The matter went on for trial and by judgment dated 11 th May 2022, the trial court allowed the suit in favour of the respondent and issued a permanent injunction restraining the appellants from selling the suit property,…
…THAT the learned Magistrate erred in both law and in fact in granting the orders of permanent injunction restraining the appellant from selling South Nyakach /Koguta East/1066, Kisumu County by way of public auction despite…
Division and case type: High Court DivCivil Appeal
…That by a plaint dated the 11 th September, 2017 filed by the 1 st Respondent, the Appellant was sued by the 1 st Respondent for an order of permanent injunction, costs of the suit & any other remedy the trial court deemed…
…injunctions, costs and interests of the suit. 5.…
Division and case type: High Court CivilCivil Appeal
…injunction against the appellants as a matter of course and without any legitimate basis or at all. xi.…
…The learned trial magistrate erred in law and in fact in issuing an order of permanent injunction restraining the Appellants from interfering with the Respondent’s stocks, assets and household goods, despite the glaring evidence…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…I believe that there are 4 issues for determination, around whether the respondents misappropriated the appellants’ utility model; whether a permanent injunction ought to have been granted; whether the registration of the…
…On the second issue, on whether a permanent injunction should have been issued, it should be clear from the discussion above, that the appellants did not prove or establish an infringement, and it should follow that grant…
Division and case type: High Court DivCivil Appeal
…The grounds summarize the facts as follows; the trial court delivered judgment on 14th May 2024 granting the Respondent herein a permanent injunction and warding him costs of the suit.…
…Judgment was in his favor a permanent injunction was granted and he was granted costs.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…In the plaint, the appellant sought a permanent injunction to prevent sale and transfer of landed property, a mandatory injunction to compel delivery of vacant possession of landed property, and general damages for trespass…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…A permanent injunction was sought to restrain eviction, distraint for rent, closure of the premises, etc, and interference with quiet possession of the suit premises.…
Division and case type: CivilCivil Appeal
…Dagoretti/Kinoo/388 (the suit land) and a permanent injunction restraining the defendant from entering or remaining on the suit land.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…Sheriff Molana Habib [2018] eKLR, the court observed with regards to a permanent injunction that: “A permanent injunction which is also known as perpetual injunction is granted upon the hearing of the suit.…
…A permanent injunction perpetually restrains the commission of an act by the defendant in order for the rights of the plaintiff to be protected.” 36.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The suit at the primary court was initiated by the 1st, 2nd and 3rd respondents, against the appellant, and the 4th, 5th and 6th respondents, for a permanent injunction to restrain the 4th and 5th respondents from disposing…
…The plaint, initiating the suit, was lodged simultaneously with a Motion, dated 9th August 2020, seeking a temporary injunction, along the same lines as those in the plaint for the order for permanent injunction.…
Division and case type: High Court DivCivil Appeal
…following grounds:- That the learned trial Magistrate erred in law and fact by allowing the respondent’s suit yet the said suit did not meet the requirements for grant of the orders sought therein including the prayer for a permanent…
…injunction to restrain the appellant from repossessing and selling motor vehicle registration number KBY 272X (hereinafter “the Motor Vehicle”).…
Division and case type: High Court DivCivil Appeal
…injunction; and findings unsupported by the evidence on record. 12.…
…The 1 st Appellant faulted the trial court for granting a permanent injunction restraining removal of Container No. MCSU/04538/5 now detained at Bondo police station.…