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…On 22nd September, 1987, the plaintiff’s interlocutory application was heard interpartes before myself.…

…On 24th September, 1987, it was ordered that the hearing of the interlocutory application would be consolidated with the hearing of the main suit which was fixed for Monday, 28th September, 1987.…

…First, no legal basis has been demonstrated entitling the Court to award special damages within an interlocutory application in Judicial Review proceedings. 29.…

…Moreover, questions relating to alleged crop damage or compensation fall outside the scope of this interlocutory application and cannot properly be determined without pleadings and evidence tested through the normal adjudicative…

…indications were that the investigations by the police had been concluded, and the prosecution file had been forwarded to the prosecutorial authorities, and a decision to prosecute had been taken, hence the orders sought in the interlocutory…

…application, and, indeed, in the originating motion itself, had been overtaken by events.…

…Although the respondents filed a preliminary objection and an interlocutory application, the same were variously overruled vide the rulings dated 22 nd November 2023 and 15 th May 2024.…

…Washington Okeyo where the court held interalia, “A Mandatory Injunction ought not to be granted on an Interlocutory application in the absence of special circumstances and then only in clear cases either where the court…

…Thus, a Chamber Summons when in use as an interlocutory application, cannot augment the substantive issues after joinder of issues has already occurred.…

…The chamber summons is an interlocutory application, limited to seeking leave or permission for conduct of the case set out in the Statutory Statement and the verifying affidavit.…

…In Locabail International Finance Limited vs Agro-Export & Another [1986] 1ALL ER 901 , the court held as follows in regard to the exceptional nature of this remedy: A mandatory injunction ought not to be granted on an interlocutory…

…application in the absence of special circumstances and then only in clear cases either where the court thought that the matter ought to be decided at once or where the injunction was directed at a simple and summary act…

…[f] The costs of the application to be costs in the substantive application. [36] The court record further confirms that upon filing an interlocutory application for conservatory orders as well as mandatory injunction, among…

…applications.…

…been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held that: “in an interlocutory…

…injunction application the Applicant has to satisfy the triple requirements to a, establishes his case only at a prima facie level, b, demonstrates irreparable injury if a temporary injunction is not granted and c, ally…

…been reiterated in numerous decisions from Kenyan courts and more particularly in the case of Nguruman Limited versus Jan Bonde Nielsen & 2 others CA No.77 of 2012 (2014) eKLR where the Court of Appeal held that: “in an interlocutory…

…injunction application the Applicant has to satisfy the triple requirements to a, establishes his case only at a prima facie level, b, demonstrates irreparable injury if a temporary injunction is not granted and c, ally…

…further states that the said prayer for summary reimbursement of tax moneys is a substantive relief, conclusive and decretal in nature that cannot, as a matter of legal principle, be granted on the strength and basis of an interlocutory…

…application.…

…further states that the said prayer for summary reimbursement of tax moneys is a substantive relief, conclusive and decretal in nature that cannot, as a matter of legal principle, be granted on the strength and basis of an interlocutory…

…application.…

…The chamber summons is an interlocutory application, limited to seeking leave or permission for conduct of the case set out in the Statutory Statement and the verifying affidavit.…

…further states that the said prayer for summary reimbursement of tax moneys is a substantive relief, conclusive and decretal in nature that cannot, as a matter of legal principle, be granted on the strength and basis of an interlocutory…

…application.…

…further states that the said prayer for summary reimbursement of tax moneys is a substantive relief, conclusive and decretal in nature that cannot, as a matter of legal principle, be granted on the strength and basis of an interlocutory…

…application.…

…The 3 rd Interested Parties in their submissions argue that although the Ex-Parte Applicant claims that the affidavits previously used in an interlocutory application, were res judicata, the court in Nguruman Ltd v Jan Bonde…

…Rule 31 of this Court’s Rules stipulates that an interlocutory application, such as the applicants’, should be filed together with written submissions.…

…An issue between the parties to an interlocutory application should not be decided at that stage unless the material facts are capable of being adequately established and the law is capable of being fully argued without the…